Motion for Summary Judgment in New York

What Is a Motion for Summary Judgment?

Background

“Summary judgment may be granted as to one or more causes of action, or part thereof, in favor of any one or more parties, to the extent warranted, on such terms as may be just.” (Civ. Prac. Law & Rules, § 3212(e).) “A principal rationale of partial summary judgment is to narrow the number of issues presented to the jury.” (Rodriguez v. City of New York, 31 N.Y.3d 312, 324-325 [2018].)

“Since New York established its summary judgment procedure in 1921, summary judgment has proven a valuable, practical tool for resolving cases that involve only questions of law.” (Brill v. City of New York, 2 N.Y.3d 648, 650-51 [2004]; Merritt Hill Vineyards v. Windy Hgts. Vineyard, 61 N.Y.2d 106, 112 [1984].) “Summary judgment permits a party to show, by affidavit or other evidence, that there is no material issue of fact to be tried, and that judgment may be directed as a matter of law, thereby avoiding needless litigation cost and delay.” (Id.) “Where appropriate, summary judgment is a great benefit both to the parties and to the overburdened New York State trial courts. (Id.)

How to Structure the Motion

“A motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions.” (Civ. Prac. Law & Rules, § 3212(b).) “The affidavit shall be by a person having knowledge of the facts; it shall recite all the material facts; and it shall show that there is no defense to the cause of action or that the cause of action or defense has no merit.” (Id.)

On a motion for summary judgment, the moving party must “make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact.” (Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 [1986].)

Response

If the moving party produces the requisite evidence, the burden then shifts to the non-moving party “to establish the existence of material issues of fact which require a trial of the action.” (Vega v. Restani Constr. Corp., 18 N.Y.3d 499, 503 [2012].)

The opposing party must “produce evidential proof in admissible form sufficient to require a trial of material questions of fact on which [s]he rests his claim.” (Zuckerman v. City of New York, 49 N.Y.2d 557, 562 [1980].) “[A] motion for summary judgment may not be defeated by a response based on ‘surmise, conjunction and suspicion’.” (Shapiro v. Health Ins. Plan of Greater N.Y., 7 N.Y.2d 56, 63 [1959].)

The failure to present such evidence will result in the granting of the motion. (Friends of Animals, Inc. v. Associated Fur Mfrs., Inc. 46 N.Y.2d 1065, 1067 [1979].)

The Court’s Decision

Summary judgment is a drastic remedy which will be granted only when it is clear that there are no triable issues of fact. (Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [1986].) When deciding a motion for summary judgment, the court must view the evidence in a light most favorable to the non-moving party and must also give the non-moving party the benefit of all reasonable inferences which can be drawn from the evidence. (Negri v. Stop & Shop, Inc., 65 N.Y.2d 625 [1985].)

“If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible.” (Civ. Prac. Law & Rules, § 3212(g).) “It shall thereupon make an order specifying such facts and they shall be deemed established for all purposes in the action.” (Id.)

New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. 2010].)

Timeline

“Any party may move for summary judgment in any action, after issue has been joined.” (Civ. Prac. Law & Rules, § 3212(a).) However, “the court may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue.” (Id.) “If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown.” (Id.)