Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.
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.
A New York Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal motion filed by the plaintiff in a breach of contract case in New York State Courts. This motion seeks a judgment in the plaintiff's favor without the need for a trial, based on the contention that there are no genuine disputes of material fact in the case, and the plaintiff is entitled to judgment as a matter of law. Keywords: New York, Motion for Summary Judgment, Plaintiff, Breach of Contract, legal motion, judgment, trial, genuine disputes, material fact, matter of law. In New York, there are two types of motions for summary judgment that the plaintiff can file in a breach of contract case: 1. Partial Summary Judgment: In some cases, a breach of contract claim may involve multiple issues or distinct causes of action. The plaintiff can file a partial summary judgment motion seeking judgment on a specific issue or cause of action that is independent of the other disputed aspects of the case. 2. Summary Judgment: The more common type of motion, summary judgment seeks a complete judgment in the plaintiff's favor, asking the court to rule that the defendant is liable for breaching the contract and determine the appropriate damages or remedies. To support a New York Motion for Summary Judgment by Plaintiff for Breach of Contract, certain elements must be demonstrated: — Existence of a Valid Contract: The plaintiff must establish the existence of a valid and enforceable contract. This includes presenting the contract in question along with any relevant supporting documents or evidence. — Breach of Contract: The plaintiff needs to provide evidence demonstrating that the defendant failed to fulfill their obligations as outlined in the contract. This could include correspondence, records, or any other relevant documentation showing the defendant's non-compliance. — Lack of Genuine Disputes: The plaintiff must prove that there are no genuine disputes of material fact that would require resolving in a trial. Evidence, such as emails, written communications, or witness testimonies, may be provided to establish the absence of factual disputes. — Entitlement to Judgment as a Matter of Law: The plaintiff must show that based on the undisputed facts of the case and applicable legal principles, they are entitled to judgment in their favor without needing a trial. If the court grants the New York Motion for Summary Judgment by Plaintiff for Breach of Contract, it may result in a final judgment in favor of the plaintiff. However, if the court denies the motion, the case will proceed to trial where the disputes will be resolved by a judge or jury. Note: It is essential to consult with a qualified attorney to obtain accurate and up-to-date information on legal matters and procedures in New York State Courts.
