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A Plaintiff filed for summary judgment in a matter on

December 11, 2017. I answered...
A Plaintiff filed for summary judgment in a matter on December 11, 2017. I answered them within twenty days on January 5, 2018 with my opposition to summary judgment. The judge constantly adjourned until March 19, 2018 for over 60 days as the plaintiff was not ready to proceed referring to CPLR 2219(a). Can I make a motion to have this whole matter dismiss the case based upon the plaintiff’s failure to comply?
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Customer reply replied 4 months ago
A Plaintiff filed for summary judgment in a matter on December 11, 2017. I answered them within twenty days on January 5, 2018 with my opposition to summary judgment. The judge constantly adjourned until March 19, 2018 for over 60 days as the plaintiff was not ready to proceed referring to CPLR 2219(a). Can I make a motion to have this whole matter dismissed based upon the plaintiff and/or judge's failure to comply or is there some other action I should take?
Answered in 17 hours by:
3/22/2018
DamienJD
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Hi Anthony:

Generally, a Judge has 60 days to determine a motion (20 days if a provisional remedy). Because of the extreme backlog of cases, then does not always happened. If a court fails to comply with this rule, that any party to the action can commence an article 78 proceeding to compel the judge to file a decision. However, rarely if ever does someone commence that proceeding because it can even delay the process even further as well as muddy the waters for a determination of the original motion.

Separately, if a party to an action is purposefully delaying a proceeding, the other party can make a motion for sanctions for costs and fees and a penalty. Note that a motion for sanction usually is responded to with a cross-motion for sanctions.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
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