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CORCHADO v. CITY OF NEW YORK

64 A.D.3d 429 (2009)

883 N.Y.S.2d 33

ANNA CORCHADO, Respondent, v. CITY OF NEW YORK, Defendant, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc., Defendant and Third-Party Plaintiff-Respondent. THE HALLEN CONSTRUCTION CO., INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 2, 2009.

The parties' so-ordered stipulation clearly provided that summary judgment motions were "to be filed" within 60 days of the filing of the note of issue. Since the note of issue was filed on October 24, 2007, summary judgment motions were to be filed by December 23, 2007. While Hallen served its motion on December 21, 2007, it did not file the motion until January 4, 2008. Plaintiff's opposition asserted the untimeliness of Hallen's motion, to which Hallen replied that its...

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