New York Law (NYLE) Practice Exam

Unless stated otherwise, the time period for filing a motion for summary judgment is measured from:

1. The action was commenced.

2. The defendant served an answer to the complaint.

3. The note of issue was filed.

4. The request for judicial intervention was served.

The correct answer is: The note of issue was filed.

The correct answer is that the time period for filing a motion for summary judgment is measured from when the note of issue was filed. This is significant because, in New York civil practice, the note of issue marks the completion of discovery and indicates that a case is ready for trial. By establishing this point in time as the starting point for motions, the rules aim to ensure that all parties have had a fair opportunity to gather evidence and prepare their case before an ultimate decision is made by the court. This system helps avoid prematurely filed summary judgment motions that could potentially disrupt the litigation process. In contrast, the action being commenced, the defendant serving an answer, or the request for judicial intervention occurring do not provide the same clarity regarding the completion of discovery and preparation for trial. Therefore, these events are not recognized as relevant benchmarks for applying the timeline to file a motion for summary judgment.