New York Court of Appeals

Mary Miceli, Respondent v. State Farm Mutual Automobile Insurance Company, Appellant

October 21, 2004819 N.E.2d 995

Summary

The New York Court of Appeals reversed the Appellate Division’s order granting summary judgment to the plaintiff and denied the plaintiff’s summary judgment motion. The Court held that a summary judgment motion filed more than 120 days after the note of issue must show good cause, and the merit of the motion does not satisfy that requirement. The decision follows the Court’s recent precedent in Brill v. City of New York.