Motion for Summary Judgment

New York Civil Lawsuit-Motion for Summary Judgment

During the waiting period of time, and on occasion, before the filing of a Note of Issue, one side may make a Motion for Summary Judgment. This is an formal application filed with the court [yes, another filing fee, this time $45.00] to dismiss your case, if filed by the defense, or to grant the plaintiff judgment without the necessity of going to trial, if filed by the plaintiff. This is not universally done and is rarely granted in personal injury cases but is frequently granted in commercial cases. In short, what it asks is that the court accept what the plaintiff says and nevertheless conclude that there is insufficient evidence to send the case to a jury. That there is no question of fact for a jury to decide and that as a matter of law the judge may rule against one side or another, thus ending the case.

Additional steps of filing a New York civil lawsuit.

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