This form is a sample plaintiff's motion for partial summary judgment on the issue of liability in personal injury case involving an automobile accident.
New York Plaintiff's Motion for Partial Summary Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0271
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Word;
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How to fill out Plaintiff's Motion For Partial Summary Judgment - Personal Injury?
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Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
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 ...
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.
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.
Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until "determination of the motion." CPLR 3214(b).
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.
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.
What Is a Partial Summary Judgement? In some cases, the court may grant a motion for partial summary judgment. The purpose of partial summary judgment is to simplify a trial by ruling on some claims, but not all. For example, the court might rule on some factual issues but leave others for trial.