New York Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability: In the legal landscape of New York, a Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability holds great significance. It serves as a comprehensive document drafted by the moving party to persuade the court to grant partial summary judgment on the issue of liability. This memorandum lays out a detailed argument, backed by relevant case laws, statutes, and legal theories, presenting a strong case for the summary judgment motion. Keywords: New York, Memorandum of Law, Motion for Partial Summary Judgment, Issue of Liability, Summary Judgment Motion. Types of New York Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability: 1. Personal Injury Cases: In personal injury cases, the moving party, usually the plaintiff, may file a Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability. This type of memorandum highlights the defendant's negligence or fault, providing evidence to support the claim that the defendant is liable for the injuries sustained. 2. Breach of Contract Cases: In breach of contract cases, parties may file a Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability to establish the defendant's failure to fulfill contractual obligations. This memorandum would present evidence of the contractual terms, performance expectations, and the defendant's breach, aiming to hold the defendant liable for any resulting damages. 3. Professional Malpractice Cases: In cases involving professional malpractice, such as medical malpractice or legal malpractice, a party may submit a Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability. This memorandum sets out the professional's duty of care, the deviation from the standard of care, and the resulting harm to the plaintiff, aiming to establish the professional's liability for their actions. 4. Product Liability Cases: In product liability cases, the plaintiff may file a Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability. This type of memorandum presents evidence to demonstrate that the defendant's product is defective or unreasonably dangerous, leading to harm or injury. It seeks to establish the defendant's liability for the damages caused by the product. 5. Premises Liability Cases: In premises liability cases, the moving party, often the plaintiff, may submit a Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability. This memorandum focuses on establishing the property owner or occupier's negligence in maintaining a safe premises, resulting in injuries to the plaintiff. It aims to hold the defendant liable for the resulting damages. These are just a few examples of the different types of Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability that may arise under New York law. Each type requires tailored arguments and supporting evidence specific to the particular legal issues and facts of the case.
New York Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
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Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
New York CPLR 3212 governs motions for summary judgment in New York state courts. Under CPLR 3212, a party may move for summary judgment in any action after "issue has been joined," which means after an answer has been filed.
CPLR 3212(b) provides for summary judgment in toto if, ?upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.? CPLR 3212(e) provides for partial summary judgment, or ?summary judgment ...
The very mission of the summary judgment procedure is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.
The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
§ 3212, which allows a court to resolve some or all of the issues in a case before trial. Full summary judgment results in a final judgment in favor of the moving party, while partial summary judgment resolves some of the claims and issues in the case and leaves others to be decided at trial.
As per CPLR 3212(b), a motion for summary judgment must be supported by an affidavit. This affidavit should be from someone with knowledge of the facts, recite all material facts, and demonstrate the absence of a defense or the lack of merit in a cause of action or defense.