New York / Dispositive motions
New York summary judgment motion deadline
In New York, a motion for summary judgment must generally be made no later than 120 days after the Note of Issue is filed, unless the court sets a different date (CPLR 3212(a)).
Estimates based on standard New York rules and court-holiday closures. For use by licensed attorneys only. This calculator is for informational purposes, is not legal advice, and does not create an attorney-client relationship. Verify every deadline and citation against the applicable rules and court orders before relying on it. See our Terms.
How the deadline works
Under CPLR 3212(a), a summary judgment motion must be made no later than 120 days after the filing of the Note of Issue, except with leave of court on good cause shown. A court may set an earlier deadline, but not earlier than 30 days after the Note of Issue is filed. This calculator returns the 120-day outer limit measured from the Note of Issue filing date.
A deadline landing on a weekend or court holiday rolls to the next business day. The good-cause requirement for a late motion is strict: the New York Court of Appeals held in Brill v. City of New York that a meritorious but untimely motion will not be considered absent a satisfactory explanation for the delay.
- The court may set an earlier date CPLR 3212(a) lets the court fix a deadline shorter than 120 days (but not under 30 days from the Note of Issue). Check any scheduling order.
- Late motion = good cause A motion after the deadline requires a showing of good cause for the delay, not just merit (Brill).
Questions
- How long do I have to move for summary judgment in New York?
- No later than 120 days after the Note of Issue is filed, unless the court set a different (earlier) date, under CPLR 3212(a). A later motion requires good cause for the delay.
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