Untimely Summary Judgment Motions May Fail Despite Merits

, New York Law Journal

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CORRECTED: Phillips Nizer partner Bruce J. Turkle writes: Emphasizing anew that an untimely made summary judgment motion will be denied outright, irrespective of its merits, a divided First Department in 'Kershaw v. Hospital for Special Surgery,' affirmed the trial court's rejection of such a motion not brought within 120 days of the filing of a Note of Issue.

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