Midland Funding, LLC Summary Judgment Motion Denied as Inexcusably Late

Facing a "Motion for Summary Judgment" by Midland Funding, LLC?

If so, Midland Funding, LLC is seeking a judgment against you while dispensing the need for a trial. The evidence against you is being presented before a judge in paper form only. Usually, the evidence consists of account statements, an affidavit, and a bill of sale.

Moving aside the issue of the admissibility of the documents for now, do not forget about Rule § 3212(a) of the Civil Practice Law and Rules. This rule requires the submission of this motion no later than 120 days after the filing of a "Note of Issue," a filed document that places the matter on the trial calendar.

In a matter[1] of ours, Midland Funding, LLC represented by Cohen & Slamowitz, LLP, made the motion 144 days after filing its Note of Issue. We "cross-moved" for Summary Judgment, arguing that the evidence was either inadmissible or deficient. Both motions were denied for violating this 120-day filing rule. A showing of "good cause" is required for the court to overlook the late filings.

If you have received a "Notice of Motion for Summary Judgment," feel free to call us to help you calculate compliance with this timing rule. We would also be delighted to help you weigh the evidence against you using a trained eye.



[1] Midland Funding, LLC v. H.S., Index #771/12 (Decision dated January 10, 2014).

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