Strategic Considerations: While the CPLR provides a framework, the actual decision to file a motion for summary judgment often hinges on strategy.This date cannot be earlier than thirty days after filing the note of issue. Court-Set Date: The court may set a specific date after which no motion for summary judgment can be made.After Issue Has Been Joined: Any party can move for summary judgment once the issue has been "joined" in the action (an "Answer" filed).Procedural Timing: As per New York's CPLR 3212:.Understanding when such a motion is typically filed within the context of a lawsuit is essential to anticipating its potential impact and preparing accordingly. The timing of filing a motion for summary judgment is both strategic and procedural. When is a Motion for Summary Judgment Filed? It's the rulebook for navigating the summary judgment terrain in New York's legal landscape. It dictates how and when to file, what evidence is pertinent, and how the court will evaluate the motion. For consumers and attorneys alike, understanding CPLR 3212 is crucial. It outlines the procedure, timing, and standards by which these motions are judged. Relevance to Summary Judgment: CPLR 3212 is the backbone of the summary judgment process in New York.However, the motion will be denied if any doubt or conflicting evidence leads the case towards trial. The court will grant the motion if there's no genuine issue regarding any material fact. Court's Role: The court's duty is to examine the evidence presented by both sides.Merely denying the claims isn't sufficient concrete evidence is required. Opposing the Motion: The party opposing the motion must present evidentiary facts demonstrating a genuine dispute.This is typically done by presenting evidence like affidavits, depositions, and documents. Basis for the Motion: The party making the motion must show that there are no genuine disputes over material facts and that they are entitled to judgment as a matter of law. Additionally, unless the court sets a different date, such a motion should be made no later than 120 days after filing the note of issue.
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