When is a New York summary judgment motion due after note of issue?

Preserve the actual note-of-issue filing and confirm that issue has been joined. Service of the note, trial assignment and discovery completion are different events.

Read the scheduling and part orders. The statutory 120-day branch applies only if the court has not set a different date.

Responsible actor. The party moving for summary judgment after issue has been joined. The 120-day CPLR 3212(a) default after established note-of-issue filing and issue joined. No different court-set date, granted late-motion leave or separate CPLR 3213 procedure.

1. Preserve the actual note-of-issue filing and confirm that issue has been joined. Service of the note, trial assignment and discovery completion are different events.
2. Read the scheduling and part orders. The statutory 120-day branch applies only if the court has not set a different date.
3. Exclude the established trigger day and count 120 calendar days forward. Intermediate weekends and public holidays remain in the count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
4. Make the noticed motion through service under CPLR 2211, and complete separate required filing and court furnishing. Preparing or filing papers alone does not prove timely making of the noticed motion.

General Construction Law 20 excludes the event day. Its closed-intervening-day exception applies to an exact two-day period, not to a one-day period. Intermediate weekends and public holidays count in other calendar-day periods. Section 25-a expressly includes statutory periods before which an act is due and permits the next succeeding business day for a closed final day. Rollover can place a backward boundary on the return date; preserve the stated hour and actual court directions. Roberts, a separately identified uncorrected Supreme Court decision concerning opposition to a cross-motion, applied section 25-a to a Sunday boundary before a Monday return. It is corroboration of that final-day treatment, not a different universal briefing rule.

The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

Fictitious example

The 120-day CPLR 3212(a) default after established note-of-issue filing and issue joined. No different court-set date, granted late-motion leave or separate CPLR 3213 procedure. Fictitious established event on the input date. The 120-day CPLR 3212(a) default after established note-of-issue filing and issue joined. No different court-set date, granted late-motion leave or separate CPLR 3213 procedure.

Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.

Court-set date

The court may set a different cutoff no earlier than thirty days after note-of-issue filing. An actual applicable order replaces this selected default.

Good cause for delay

Brill requires a satisfactory explanation for the delay itself. Merits and lack of prejudice alone do not supply good cause for an untimely motion.

Motion made by service

CPLR 2211 makes a noticed motion when its notice of motion or order to show cause is served. Preserve the actual service event.

Consumer-credit additional notice

Section 3212(j) contains an additional clerk-mailed notice procedure where an unrepresented consumer defendant is involved. Its fourteen- or nineteen-day return-date requirements do not replace the note-of-issue clock.

Issue joined and separate procedure

Subdivision (a) requires issue joined. Summary judgment in lieu of complaint under CPLR 3213 is a different procedure and does not use this default.

Edition and calendar coverage

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

• The 120-day CPLR 3212(a) default after established note-of-issue filing and issue joined. No different court-set date, granted late-motion leave or separate CPLR 3213 procedure.
• The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.

• Preserve the actual note-of-issue filing and confirm that issue has been joined. Service of the note, trial assignment and discovery completion are different events.
• Read the scheduling and part orders. The statutory 120-day branch applies only if the court has not set a different date.
• Make the noticed motion through service under CPLR 2211, and complete separate required filing and court furnishing. Preparing or filing papers alone does not prove timely making of the noticed motion.
• The court may set a different cutoff no earlier than thirty days after note-of-issue filing. An actual applicable order replaces this selected default.
• Brill requires a satisfactory explanation for the delay itself. Merits and lack of prejudice alone do not supply good cause for an untimely motion.
• CPLR 2211 makes a noticed motion when its notice of motion or order to show cause is served. Preserve the actual service event.
• Section 3212(j) contains an additional clerk-mailed notice procedure where an unrepresented consumer defendant is involved. Its fourteen- or nineteen-day return-date requirements do not replace the note-of-issue clock.
• Subdivision (a) requires issue joined. Summary judgment in lieu of complaint under CPLR 3213 is a different procedure and does not use this default.
• In the applicable Supreme Court NYSCEF program, rule 202.5-b(d)(3)(i) permits transmission day or night and identifies recorded transmission with required fee information or permitted actual later payment as the filing event. Interlocutory service under (f)(2) depends on the transmitted NYSCEF notification reaching the proper participating addresses. Filing initiating papers does not itself establish defendant service. Under (h)(2), the clerk’s entry notification is not party service of notice of entry. Preserve the actual document, proof, timestamp, fee event, recipients and court requirements. Paper filing requires the applicable office procedure and receipt. The qualifying technical-failure and emergency hard-copy branches in (i) and (d)(1)(iii) require their actual conditions and later electronic filing; they are not presumed here.