This is typically done by presenting evidence like affidavits, depositions, and documents.
Timing: Under CPLR 3212, a party can't file a motion for summary judgment until after 40 days from the commencement of the action.
Within this vast framework, CPLR 3212 specifically addresses the motion for summary judgment. The New York Civil Practice Law and Rules (CPLR) is a comprehensive set of rules that governs civil litigation in New York State. The Legal Framework for Summary Judgment: New York CPLR 3212 If the court grants the motion for summary judgment, the case will be decided to favor the moving party without a trial. The non-moving party must show that there are genuine issues of material fact that need to be decided at trial. The non-moving party can respond to the motion and submit their affidavits and exhibits. The motion must show that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. The moving party must file a motion with the court, along with supporting affidavits and exhibits. How Does a Motion for Summary Judgment Work? The bottom of this blog contains a list of key holdings about the admissibility of evidence to support a motion for summary judgment. Under CPLR 3212, a party may move for summary judgment in any action after "issue has been joined," which means after an answer has been filed. New York CPLR 3212 governs motions for summary judgment in New York state courts. In essence, a motion for summary judgment is a tool to resolve clear-cut cases without the complexities and duration of a traditional trial.
The “moving party” claims that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial.