Legal Memorandum: Failure to File a Timely Motion in NY

Issue: Under New York law, does the failure to file a timely motion affect the motion’s success?

A party’s failure to timely make its motion is fatal to its success.  See Lefkowitz v. Kaye, Scholer, Fierman, Hays & Handler, 271 A.D.2d 576, 576, 706 N.Y.S.2d 176, 177 (2d Dep’t 2000) (trial court properly held that defendant waived statute of limitation defense by failing to plead it in an answer or pre-answer motion to dismiss because motion was made after time for responsive pleading expired).

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