Summary Judgment in New York State Court

by Practical Law Litigation

A Practice Note outlining the basic summary judgment framework in New York state court under Rule 3212 of the Civil Practice Law and Rules (CPLR). It explains what summary judgment is, who may file for it, and the critical timing considerations for making a motion, including court-imposed deadlines and the "good cause" standard for late filings. This Note details the procedural requirements for preparing and submitting motions, addressing the shifting burdens of proof and the necessity of presenting evidence in admissible form. It also explores strategic reasons for seeking summary judgment, the use of expert affirmations, and circumstances under which a motion may be denied as premature, such as when essential facts are unavailable. This Note provides guidance on navigating the single motion rule, opposing motions with unpleaded theories, and the potential for a court to search the record or order an immediate trial on damages.