This form is a sample order denying plaintiff's request for summary judgment in plaintiff's favor on the issue of liability in a personal injury case involving an automobile accident.
New York Order Denying Plaintiff's Motion for Partial Summary Judgment on the Issue of Liability
State:
Multi-State
Control #:
US-PI-0054
Format:
Word;
Rich Text
Instant download
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How to fill out Order Denying Plaintiff's Motion For Partial Summary Judgment On The Issue Of Liability?
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FAQ
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 ...
CPLR 3126 permits a court to impose discovery sanctions which include, but are not limited to, the preclusion of evidence, where a party refuses to obey an order for disclosure or willfully and contumaciously fails to disclose information which the court finds ought to have been disclosed (see Galarza v 25 Hope St.
CPLR 3211(a)(7) provides: "A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: . . . the pleading fails to state a cause of action . .. ." . . . either party may submit any evidence that could properly be considered on a motion for summary judgment ....
All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section.
Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.
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.
When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.
HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.
