Get I Received A Summary Judgement And Am Not Sure How To Respond ...

An order granting a motion for summary judgment is not an appealable order, it's just a preliminary step to a judgment. If a single document contains both an order granting a motion for summary judgment and a judgment, it is an appealable order.

There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defense's evidence.

The first step to appeal an adverse determination is to file a notice of appeal with the clerk of the court which rendered the decision. CPLR 5515. This must be done within 30 days after the appealed from order or judgment is served upon the appellant.

Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

The defendant argues that they did deliver the goods on time and that the plaintiff's losses were caused by other factors. The disagreement over whether the goods were delivered on time is a genuine issue of material fact because it is legally relevant to the claim.

HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.

Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

Generally speaking, all judgments are appealable as a matter of right, even if they are not final.

The survival trick is the early outlining of the claims and defenses, while actually drafting on Day 1 the jury instruction setting forth the required elements for the case. Toward this end, you should design your discovery to obtain the necessary evidence to prevail on the anticipated summary judgment motion.