This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
New York Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Motion For Summary Judgment On Behalf Of Defendant?
If you have to comprehensive, down load, or print authorized file themes, use US Legal Forms, the largest selection of authorized forms, that can be found online. Utilize the site`s easy and practical lookup to obtain the documents you want. Different themes for company and personal purposes are sorted by categories and says, or key phrases. Use US Legal Forms to obtain the New York Motion for Summary Judgment on Behalf of Defendant within a number of click throughs.
If you are presently a US Legal Forms customer, log in to the bank account and click on the Download key to find the New York Motion for Summary Judgment on Behalf of Defendant. You can even gain access to forms you in the past downloaded within the My Forms tab of your bank account.
If you work with US Legal Forms the very first time, follow the instructions below:
- Step 1. Be sure you have selected the shape for your correct city/land.
- Step 2. Make use of the Review option to examine the form`s information. Do not overlook to read the information.
- Step 3. If you are not satisfied with all the develop, take advantage of the Look for field towards the top of the display screen to find other types of the authorized develop web template.
- Step 4. Once you have discovered the shape you want, click on the Buy now key. Pick the costs strategy you like and add your qualifications to sign up for the bank account.
- Step 5. Method the purchase. You should use your bank card or PayPal bank account to accomplish the purchase.
- Step 6. Choose the structure of the authorized develop and down load it on the product.
- Step 7. Complete, change and print or indicator the New York Motion for Summary Judgment on Behalf of Defendant.
Every single authorized file web template you buy is the one you have forever. You have acces to every develop you downloaded with your acccount. Click the My Forms segment and choose a develop to print or down load once again.
Contend and down load, and print the New York Motion for Summary Judgment on Behalf of Defendant with US Legal Forms. There are thousands of expert and status-certain forms you can utilize for your company or personal requires.
Form popularity
FAQ
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.
Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings.
A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.
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.
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 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 ...
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.