A party may move for summary judgment after the defendant's answer, and the motion is constrained by a deadline related to the note of issue. When may this motion be brought and what is the related deadline?

• A. After the defendant's answer; within 120 days after the filing of the note of issue
• B. After the complaint is filed; within 60 days after discovery
• C. Only after a trial; within 90 days after verdict
• D. Any time before service of the answer; with no note of issue requirement

Answer: (A)

In New York civil practice, a party can move for summary judgment after the defendant has answered, but the motion must be filed within a specific time frame tied to the note of issue. The note of issue is filed when the case is deemed ready for trial, and it sets the clock for various trial-related deadlines. Here, once the note of issue is filed, the moving party has 120 days to bring a motion for summary judgment. This deadline helps ensure that the court resolves dispositive issues before trial, and it prevents last‑minute efforts from upending the schedule.

The other options don’t fit because a summary judgment motion isn’t proper before the answer is served, nor is it governed by discovery timelines or trial dates, and there is indeed a note of issue requirement governing the deadline.