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Miceli v. State Farm Mut. Auto. Ins. Co.

Court of Appeals of the State of New York
Oct 21, 2004
3 N.Y.3d 725 (N.Y. 2004)

Summary

In Miceli (3 NY3d 725), where the moving party's attorney failed to file a summary judgment motion within 120 days of the filing of a note of issue and did not demonstrate good cause for the delay, Supreme Court erred in granting summary judgment to the movant (see also Brill, 2 NY3d 648 [same; clarifying that good cause means a reasonable excuse for the delay in making the motion]).

Summary of this case from Cadichon v. Facelle

Opinion

132.

Argued September 14, 2004.

Decided October 21, 2004.

Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered June 13, 2003. The Appellate Division affirmed a judgment of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), which had granted summary judgment to plaintiff.

Miceli v. State Farm Mut. Auto. Ins. Co., 306 AD2d 903, reversed.

Rivkin Radler LLP, Uniondale ( Stuart M. Bodoff, Evan H. Krinick and Cheryl F. Korman of counsel), and Hagelin Bischof, LLC, for appellant.

Barth, Sullivan Behr, LLP, Buffalo ( Laurence D. Behr of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum; Judge G.B. SMITH concurs on constraint of Brill v. City of New York ( 2 N.Y.3d 648).


OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiff's motion for summary judgment denied.

Barely five months ago, in Brill v. City of New York ( 2 N.Y.3d 648), this Court reversed an award of summary judgment for defendant, without considering its merit, on the ground that the motion, made more than 120 days after note of issue was filed, failed to comply with the statutory requirement that "good cause" be shown for the late filing. We determined that, if the merit of the motion itself constituted good cause, the statutory deadline would be circumvented and the practice of delaying such motions until the eve of trial encouraged. As the Legislature clearly specified, summary judgment motions should be timely made, or good cause shown.

As we made clear in Brill, and underscore here, statutory time frames — like court-ordered time frames ( see Kihl v. Pfeffer, 94 NY2d 118) — are not options, they are requirements, to be taken seriously by the parties. Too many pages of the Reports, and hours of the courts, are taken up with deadlines that are simply ignored.

Plaintiff does not dispute that her motion for summary judgment was made more than 120 days after note of issue was filed, and offers no excuse for her failure to comply with CPLR 3212 (a), arguing only that her motion is meritorious. This was precisely defendant's position before us in Brill. To countenance plaintiff's position here would require us to overturn our own recent precedent. This we refuse to do, and we therefore reverse the order of the Appellate Division awarding summary judgment to plaintiff, without considering the merit of the motion.

Order reversed, etc.


Summaries of

Miceli v. State Farm Mut. Auto. Ins. Co.

Court of Appeals of the State of New York
Oct 21, 2004
3 N.Y.3d 725 (N.Y. 2004)

In Miceli (3 NY3d 725), where the moving party's attorney failed to file a summary judgment motion within 120 days of the filing of a note of issue and did not demonstrate good cause for the delay, Supreme Court erred in granting summary judgment to the movant (see also Brill, 2 NY3d 648 [same; clarifying that good cause means a reasonable excuse for the delay in making the motion]).

Summary of this case from Cadichon v. Facelle

In Miceli v State Farm Mut. Auto. Ins. Co., 3 NY3d 725 (2004), the Court commented "as we made clear in Brill, and underscore here, statutory time frames — like court-ordered time frames — are not options, they are requirements, to be taken seriously by the parties.

Summary of this case from Chiles v. City of Buffalo

following Brill

Summary of this case from Peter-Gaye v. Hossain

In Miceli v State Farm Mut. Auto. Ins. Co. (3 NY3d 725), the Court of Appeals reinforced the pronouncement of Brill v City of New York (2 NY3d 648) that statutory and court-ordered time frames are not options, but requirements.

Summary of this case from TALON AIR SERVS. LLC V. CMA DESIGN STUDIO

In Miceli v State Farm Mut. Auto. Ins. Co. (3 NY3d 725, 727), the Court stressed that "statutory time frames — like court-ordered time frames — are not options, they are requirements, to be taken seriously by the parties."

Summary of this case from Madison Third Bldgs. Co., LLC v. Berkey

In Miceli v State Farm Mut.Auto. Ins. Co., (3 NY3d 725, 786 NYS2d 379), the Court of Appeals underscored its holding in Brill v City of New York, (2 NY3d 648, 781 NYS2d 261) and made it clear "that [the] statutory time frames," of CPLR 3212, are "not options, they are requirements, to be taken seriously by the parties."

Summary of this case from Haszinger v. Sandler

In Miceli v. State Farm Mut. Auto. Ins. Co. (3 NY3d 725), the Court of Appeals reiterated Brill, holding that statutory time frames, " like court-ordered time frames... are not options, they are requirements, to be taken seriously by the parties" (Miceli at 726 [emphasis added]).

Summary of this case from Buckner v. City of New York

In Miceli v. State Farm Mut. Auto. Ins. Co., 3 NY3d 725 (2004), the Court was faced with a summary judgment motion granted for plaintiff more than 120 days after the filing of a note of issue.

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Case details for

Miceli v. State Farm Mut. Auto. Ins. Co.

Case Details

Full title:MARY MICELI, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE…

Court:Court of Appeals of the State of New York

Date published: Oct 21, 2004

Citations

3 N.Y.3d 725 (N.Y. 2004)
786 N.Y.S.2d 379
819 N.E.2d 995

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