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  • Motion For Summary Judgment New York Form

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StBRUCE H. GIBSON AND TIMOT CAB CORP., Motion Date March 11, 2008 Motion Cal. No. 1 Motion Defendants. Seq. No. 1 ------------------------------PAPERS NUMBERED Notice of Motion-AffidExhib-Memo of Law............ Affid in Opp-Exhib............... Reply............................ 1-5 6-8 9-10 Plaintiff commenced this action to recover damages for personal injuries alleged to have been sustained on July 30, 2004 due to a motor vehicle accident at the intersection of Lexington Avenue and 38 th.

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Summary judgment is an application that can be brought during proceedings if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.

A CPLR 3213 motion for summary judgment is a procedural mechanism that allows a party to make a motion for summary judgment before even filing a complaint in actions based upon “an instrument for the payment of money only or a judgment.”

3213. Motion for summary judgment in lieu of complaint. When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

In New York, a summary judgment motion is made when the notice of motion or order to show cause is served on the other parties and not when the motion is filed.

The Summary Judgment Standard Any party may move for summary judgment in any action. A court will grant summary judgment if, upon review of the record, the moving party sufficiently establishes the cause of action or defense at issue to warrant judgment in its favor as a matter of law.

(c) Motions for judgment on the pleadings. A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.

CPLR 3212(g) reads, “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.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232