Motion for Summary Judgment Legal Standard Clause
(NY)

Summary

This summary judgment legal standard clause is a standard set of paragraphs attorneys can incorporate into the legal standard section of a memorandum in support of a motion for summary judgment in New York state court. The clause includes practical guidance and drafting notes. Any party may move for summary judgment in any action. N.Y. C.P.L.R. § 3212(a). A court will grant summary judgment if, upon review of the record, the moving party sufficiently establishes the cause of action or defense at issue to warrant judgment in its favor as a matter of law. N.Y. C.P.L.R. § 3212(b). A motion for summary judgment, therefore, presents the following question for the trial judge—viewing the admissible evidence in the record in the light most favorable to the party opposing summary judgment, does the moving party win on that cause of action, affirmative defense, claim for damages, or issue of duty? The answer is "yes" if no reasonable trier of fact could ever find in the opposing party's favor based on the admissible evidence in the record. The answer is "no" if a reasonable trier of fact could find in favor of the opposing party. The trial court's inquiry is not whether a reasonable trier of fact likely would find in favor of the opposing party; the inquiry is whether the trier of fact could. Summary judgment is a valuable, practical tool for resolving cases that involve only questions of law, and a great benefit both to the parties and to the overburdened New York State trial court system. Brill v. City of N.Y., 814 N.E.2d 431, 433 (N.Y. 2004). Summary judgment also enables a party to subject its adversary's claims or defenses to the scrutiny of the presiding judge, who may resolve some or all of the issues in the case. Properly utilized, summary judgment motions save significant time and expense by limiting the scope of the case or disposing of it entirely. But making a summary judgment motion is itself expensive and time-consuming. For additional practical guidance, see Summary Judgment: Making the Motion (NY) and Summary Judgment Standards Chart (NY).