I wrote about an interesting appeal concerning insurance coverage a few weeks ago in Miceli v. State Farm Mut. Auto. Ins. Co. (see post). The Court of Appeals never reached the insurance coverage issue, however (see memorandum opinion). Instead, the Court reaffirmed its holding in Brill v. City of New York, denying the plaintiff’s summary judgment based on her concession that she filed her summary judgment motion 120 days after the Note of Issue was filed. The plaintiff only argued that her was meritorious.

Lesson to be learned: file that summary judgment motion within 120 days of the Note of Issue being filed. The Court’s decision reflects that doing so past the time period rings of disregarding a court order.