What is the time limit for making a Motion for Summary Judgment?

• A. Within 120 days of filing of the note of issue (which places the case on the court's calendar)
• B. Within 60 days of filing of the note of issue
• C. Within 90 days of filing of the note of issue
• D. Within 30 days of filing of the note of issue

Answer: (A)

The key idea here is timing tied to when the case is officially set for trial. In this area of practice, once the note of issue is filed, the case is placed on the court’s calendar, signaling that discovery is essentially complete and the case is ready for a motion practice. From that moment, you have 120 days to serve and file a motion for summary judgment. This 120-day window is what keeps trial planning on track and prevents last‑minute attempts to resolve the case without a trial.

So the best answer is that the motion must be brought within 120 days after the note of issue is filed. The other timeframes—60, 90, or 30 days—don’t align with the established schedule for moving for summary judgment once the case is on the calendar, and they would disrupt the orderly timing of motions and trial preparation. Extensions can sometimes be obtained for good cause, but the baseline rule is 120 days from the note of issue.