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MADISON THIRD BUILDING COMPANIES, LLC v. BERKEY

64 A.D.3d 457 (2009)

881 N.Y.S.2d 300

MADISON THIRD BUILDING COMPANIES, LLC, Respondent, v. DAVID BERKEY et al., Appellants.

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

Decided July 7, 2009.

Inasmuch as defendants' attorney reasonably interpreted a court attorney's oral directive at a post-note of issue conference that summary judgment motions "be made in accordance with the CPLR," to mean that the time to make a summary judgment motion had been extended from the 45 day deadline set in two pre-note of issue conference orders to the 120-day outer limit permitted by CPLR 3212 (a), such excuse was reasonable under the...

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