He separated late arguments about existing issues from new requests
Justice Goetz looked at what the late filing added. He considered issues already raised by a timely motion, but rejected unrelated new requests. He also checked the deadline and the explanation for missing it. The late filing could still be used on existing issues without making its new requests timely.
Preparation point
Explain separately why the issue was already raised and why the delay should be excused.
How it played outSituation, action, outcome
- The situation
- A party made a late filing.
- What he did
- He separated existing issues, new requests, and the excuse for delay.
- What made a difference
- New requests remained late.
In his words2 quotes
“the unrelated requests are made more than 60 days after the Note of Issue was filed”
Fleiss v Keatinge, printed p. 4. On the new requests in a late filing.
“Defendant has provided good cause for this de minimis delay.”
Zablink, LLC v 5178 Holdings LLC, printed p. 4. On the six-minute filing delay.
In the cited cases4 rulings
Guaman: he considered the overlapping Labor Law §241(6) claim, but rejected the unexplained late §200 and negligence requests.
Fleiss: he considered conversion and unjust-enrichment issues already raised, but rejected the late request for a separate declaration.
Zablink: severe weather and server errors explained a six-minute filing delay.
Urgiles: he used the later 120-day deadline, but rejected opposition filed after the parties’ agreed deadline.