Motion for Summary Judgment in New York:
What to Know

A motion for summary judgment in New York is one of the most powerful motions in litigation. It could determine: whether a trial will or will not take place; whether the plaintiff or defendant wins the entire case; or whether the plaintiff or defendant wins only one part of the case and takes the rest to trial. In this article, we’ll take you through what you need to know to understand and utilize the power of the motion for summary judgment.

1. What is the Standard to Apply?

In a motion for summary judgment, the court determines whether there is a “genuine issue of material fact.” This means that the court must decide whether there are issues or questions for the jury to decide at trial. If there are “issues of material fact,” then the jury has to decide what the facts are regarding that issue. When there is a jury trial, a judge does not decide the facts if there is a dispute, the jury does. The judge can only decide the law in a jury trial. A motion for summary judgment will be denied if there is a genuine issue of material fact. If there are no issues of material fact, then the judge may make a decision based solely on the law.

Another standard in a motion for summary judgment is that “the facts must be viewed in the light most favorable to the non-moving party.” This means that the court will give the benefit of the doubt to the party who did not file the motion for summary judgment if there is any inconsistency in the motion or evidence.

2. What Evidence Should be Submitted with the Motion for Summary Judgment in New York?

The evidence that should be submitted in a motion for summary judgment may include affidavits, depositions, copies of previous pleadings, and written admissions. The important thing is that the party who files a motion for summary judgment cannot simply rely on what was already submitted to the court without submitting additional evidence in its own motion. For example, the complaint may allege that the plaintiff said “X,” but if the defendant relies on the plaintiff’s statement to file its motion for summary judgment, then the defendant would need to submit a copy of the previous pleading, here, the complaint, to support its motion for summary judgment.

3. What is Burden Shifting?

In a motion for summary judgment, the party who brings the motion needs to present evidence to support its motion. Let’s call this party “Person A.” If Person A brings great evidence to support its motion, then the opposing part, let’s call it “Person B,” must present evidence to oppose the motion. When it is Person B’s turn to present evidence, we say that the burden to present evidence has shifted from Person A to Person B. If Person B presents great evidence to support its opposition to the motion for summary judgment, then the burden shifts back to Person A.

4. Why File a Motion for Summary Judgment?

Either party may want to file a motion for summary judgment if they want a final decision on the case. A judge does not decide a case based on the complaint. Normally, a motion to dispose of the case is filed, such as a motion for summary judgment or a motion to dismiss. Also, either party to a case may want to file a motion for summary judgment to avoid trial, since trials are lengthy in terms of time and cost. A defendant especially may want to have the case decided before trial due to costs.

Find it in the New York Consolidated Laws, Civil Practice Law and Rules § 3212.

Word of Caution — This post is for educational purposes. Civil Procedure motions and processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.