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The reason for the move for summary judgment must be included in the motion unless granted leave of the court; the motion and any supporting affidavits must be filed and served at least 21 days before the hearing date, with notice to opposing counsel.
Typically, courts prefer motions for summary judgment to be made at the close of discovery within a certain amount of time after the filing of the note of issue and certificate of readiness for trial.
Rule 92. General Denial (1941) A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
Ing to Rule 166a, a summary judgment should be filed and served no less than 21 days before the hearing. Any response to the summary judgment is due no less than 7 days before the hearing.
Outcome: If a Motion to Dismiss is granted, the case is closed without examining the merits of the claim. If a Motion for Summary Judgment is granted, it's a decision that one party should win based on the law and undisputed facts.
