This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
In the legal context, a Motion for Summary Judgment by Defendant with Notice of Motion is a crucial procedural tool used in New York courts. This motion is filed by the defendant, seeking a judgment in their favor without a trial. It aims to demonstrate that there are no genuine issues of material fact and that the defendant is entitled to judgment as a matter of law. Here are the different types of Motion for Summary Judgment by Defendant with Notice of Motion often seen in New York: 1. Summary Judgment Motion based on Lack of Evidence: In this type of motion, the defendant argues that the plaintiff has failed to provide sufficient evidence to support their claims. The defendant may assert that no genuine issues of material fact exist, and based on the available evidence, judgment should be granted in their favor. 2. Summary Judgment Motion based on Legally Insufficient Claims: This type of motion arises when the defendant argues that, even if the plaintiff's factual allegations are true, they fail to establish a viable legal claim. The defendant contends that as a matter of law, the plaintiff's case lacks merit and judgment should be granted in the defendant's favor. 3. Summary Judgment Motion based on Affirmative Defenses: Defendants sometimes file this type of motion to assert affirmative defenses that, if successful, would absolve them from liability. By demonstrating that these affirmative defenses are valid and undisputed, the defendant seeks summary judgment in their favor. 4. Summary Judgment Motion based on Immunity or Sovereign Immunity: This type of motion is often filed by government entities or officials. It argues that they are immune from liability because of their official capacity or particular statutes granting them immunity, shielding them from legal consequences. The defendant asks for summary judgment based on this immunity defense. A Motion for Summary Judgment by Defendant with Notice of Motion typically includes several components: 1. Notice of Motion: The defendant must adequately notify all involved parties about the motion's intention and provide them with relevant information, including the proposed grounds for summary judgment. 2. Affidavit(s) and Supporting Documents: The defendant submits sworn, written statements (affidavits) attesting to the facts supporting their motion. Additionally, supporting documents, such as contracts, records, or expert opinions, may be included to substantiate the defendant's arguments. 3. Legal Memorandum: Here, the defendant's attorney presents a detailed analysis of the relevant laws, statutes, and legal precedents that support the motion. This memorandum elucidates why the defendant is entitled to summary judgment. 4. Opposition and Reply: The plaintiff has an opportunity to oppose the motion and submit their own affidavits, deposition transcripts, and other evidence to demonstrate that there are genuine issues of material fact that require a trial. The defendant may then reply to the plaintiff's opposition with a rebuttal, addressing any new arguments or evidence presented. It is important to note that the specific requirements and procedures for a Motion for Summary Judgment by Defendant with Notice of Motion may vary according to the specific civil procedure rules and court practices in New York State and its various jurisdictions. Consulting legal professionals and local court rules is essential to properly navigate this process.
