This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
New York Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
State:
Multi-State
Control #:
US-PI-0272
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Word;
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FAQ
In essence, a motion for summary judgment is a tool to resolve clear-cut cases without the complexities and duration of a traditional trial. New York CPLR 3212 governs motions for summary judgment in New York state courts.
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.
Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again. For example, if the case is legally time barred by the statute of limitations or the plaintiff or petitioner does not have the right to start the case. Read CPLR 3211.
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.
From a tactical perspective, there are two basic types of summary-judgment motions. One requires a full evidentiary presentation, and the other requires only a more limited, targeted one.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
A motion for judgment on the pleadings will occur before the trial and, unlike a motion for summary judgment, does not concern any matters other than what is contained within the pleadings.
