It is much more difficult for plaintiffs to win this type of summary judgment. Rather than knocking out a single element to doom a cause of action, like a defendant, every element of each claim as to which the plaintiff wishes to achieve summary judgment must be proven by admissible evidence.
You can make a request for court records directly to the Clerk of the Court or the County Clerk that has the records. Criminal records are available from the court system. Each records search costs $95.00.
What is summary judgment? Summary judgment is a way for one party to win their case without a trial. The party can ask for summary judgment for part of the case or for the whole case.
A motion for summary judgment must be supported by affidavit, a copy of the pleadings, and any other available proof, such as depositions and written admissions.
10th JD - SUFFOLK COUNTY County Court. District Courts. Family Court. Supreme Court. Town & Village Courts.
A motion for summary judgment attempts to bring to a head the merits of the case or a part thereof on the basis of the pleadings (complaint and answer in most cases), together with affidavits and exhibits without the necessity of a trial.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
If you have any additional questions, please email the County Clerk at courtactions@suffolkcountyny.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.