Motion for Extension of Time in New York

What Is a Motion for Extension of Time?

Background

The trial court is vested with discretion to extend the time to perform any act. (Tewari v. Tsoutsouras, 75 N.Y.2d 1, 11-12 [1989].)

How to Structure the Motion

“Except where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed.” (Civ. Prac. Law & Rules, § 2004; Bermudez v. New York, 22 A.D.2d 865 [1st Dept. 1964].)

For example, when extending a note of issue deadline, good cause exists when the moving party shows the inability to file the note of issue is attributable to forces beyond its control. (Kekis v. Park Slope Emergency Physician Serv., P.C., 244 A.D.2d 463, 464 [2nd Dept. 1997].) Good cause is also shown if the moving party can present a showing of need for the extension or good excuse for the past delay. (Conway v. Brooklyn Union Gas Co., 212 A.D.2d 497, 497 [2nd Dept. 1995].)

Where the motion to extend is filed and served before the deadline sought to be extended has expired, the motion need not be accompanied by an affidavit of merit. (Salzman & Salzman v. Gardiner, 100 A.D.2d 846, 846 [2nd Dept. 1984].)

The Court’s Decision

The grant of an extension of time is addressed to the sound discretion of the court. (Carota v. Massapequa Union Free Sch. Dist., 272 A.D.2d 428 [2nd Dept. 2000].)

New York cases are clear that where a litigant has made no effort to comply with deadlines or advance a case, there is no “good cause” to extend deadlines. (Wong v. Kim, 17 A.D.3d 128 [1st Dept. 2005].) Otherwise, factors to be considered on an application for an extension include:

  1. The stated reason for the delay;
  2. The length of the delay;
  3. Any prejudice to the opposing parties;
  4. Whether the moving party was in default prior to seeking the extension; and
  5. Whether an affidavit of merit has been proffered.

(Tewari v. Tsoutsouras, 75 N.Y.2d 1 [Ct. App. 1989].)

“Whether there is a reasonable excuse for a default is a discretionary, sui generis determination to be made by the court based on all relevant factors, including the extent of the delay, whether there has been prejudice to the opposing party, whether there has been willfulness, and the strong public policy in favor of resolving cases on the merits.” (Rickert v. Chestara, 56 A.D.3d 941, 942 [3rd Dept. 2008].)

Documents

1-10 of 10000 results

County

Westchester County, NY

Filed Date

Jul 27, 2022

Judge

Anar R Patel

County

Suffolk County, NY

Filed Date

Jul 26, 2022

Judge Hon. John H Rouse Trellis Spinner 👉 Discover key insights by exploring more analytics for John H Rouse
County

Suffolk County, NY

Filed Date

Jul 26, 2022

Judge Hon. John H Rouse Trellis Spinner 👉 Discover key insights by exploring more analytics for John H Rouse
County

Suffolk County, NY

Filed Date

Jul 26, 2022

Judge Hon. John H Rouse Trellis Spinner 👉 Discover key insights by exploring more analytics for John H Rouse
County

Suffolk County, NY

Filed Date

Jul 26, 2022

Judge Hon. John H Rouse Trellis Spinner 👉 Discover key insights by exploring more analytics for John H Rouse
County

Suffolk County, NY

Filed Date

Jul 26, 2022

Judge Hon. John H Rouse Trellis Spinner 👉 Discover key insights by exploring more analytics for John H Rouse
County

Westchester County, NY

Filed Date

Jul 21, 2022

Type

Commercial Division

Judge Hon. Linda Jamieson Trellis Spinner 👉 Discover key insights by exploring more analytics for Linda Jamieson
County

Westchester County, NY

Filed Date

Jul 21, 2022

Type

Commercial Division

Judge Hon. Linda Jamieson Trellis Spinner 👉 Discover key insights by exploring more analytics for Linda Jamieson
County

Westchester County, NY

Filed Date

Jul 20, 2022

Type

Commercial Division

Judge Hon. Linda Jamieson Trellis Spinner 👉 Discover key insights by exploring more analytics for Linda Jamieson
County

Westchester County, NY

Filed Date

Jul 20, 2022

Type

Commercial Division

Judge Hon. Linda Jamieson Trellis Spinner 👉 Discover key insights by exploring more analytics for Linda Jamieson

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