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LUCIANO v. H.R.H. CONSTRUCTION, LLC

6100, 21067/03.

89 A.D.3d 578 (2011)

933 N.Y.S.2d 17

2011 NY Slip Op 8305

HECTOR LUCIANO, Plaintiff, v. H.R.H. CONSTRUCTION, LLC, et al., Defendants. (And Third-Party Actions.) MOMETAL INC. et al., Third Third-Party Plaintiffs-Respondents, v. ADMIRAL INSURANCE COMPANY, Third Third-Party Defendant-Appellant.

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

Decided November 17, 2011.

Supreme Court properly denied the motion as untimely. Absent other directive from the court, summary judgment motions should be made no later than 120 days "after the filing of the note of issue" (CPLR 3212 [a] [emphasis added]). It is undisputed that the insurer did not move for summary judgment until two years after plaintiff filed the note of issue. Although the insurer was not served with the note of issue, it does not...

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