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Cplr 3212-nys

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steinwaypianist

Junior Member
NYS
I have taken out a small claims suit against an employer in Nassau County, NY on 10/01/08. I was told then that the trial date would be on December 17 at 6 PM. I have received no contact from the court, but apparently they notified the employer. The attorney for the employer sent me a large dossier on December 10 and I received it today (December 12). In it it says that this represents a Motion for Summary Judgement to dismiss the complaint. The return date for this motion is what is confusing. The return date listed is January 7, 2009. Does this mean that (without my having had any contact from the court) that the trial set for December 17 has been adjourned (postphoned) until after January 7?
Do such motions automatically postphone trials? After all, January 7 is three weeks after the currently scheduled trial date. Thanks:
 


You Are Guilty

Senior Member
Legally, no. (In fact, in some cases, it can speed up the trial date - check out 3212(c)).

However, as a practical matter (99%+ of the time), no judge will start a trial with a summary judgment motion pending. Just too much danger of wasting the time and effort trying a case which might be dismissed by the motion. (The times it does happen are primarily because the judge wants to punish someone by forcing them to trial).

Problem is, small claims is a free-for-all and the various rules are not always strictly complied with. Safest bet, by far, is to be prepared for trial and appear for the December date, with full expectation that the case will actually be adjourned to January (or later).

If that is too burdensome, you can try calling the clerk's office before the 17th and let them know there's a SJ motion pending and ask for the adjournment yourself. They may want something in writing from you before they'll grant it, but as the plaintiff, you have some latitude in the speed at which the case gets calendared.

Good luck.
 

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