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Summary Judgment Motions: Motions for summary judgment must be filed no later than one hundred and twenty (120) days after the note of issue is filed. 1. Statement of Material Facts: All parties moving for summary judgment must include a separate statement of material facts (22 NYCRR §202.8-g).
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
Thus, if a plaintiff fails to respond to a motion for summary judgment, on all or a subset of the claims, the Court will order the plaintiff to show cause why the claim should not be considered abandoned.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.
In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.
