2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 32 - (3201 - R3222) ACCELERATED JUDGMENT
R3212 - Motion for summary judgment.

 
    Rule  3212.  Motion  for summary judgment.   (a) Time; kind of action.
  Any party may move for summary judgment in any action, after  issue  has
  been joined; provided however, that the court may set a date after which
  no  such motion may be made, such date being no earlier than thirty days
  after the filing of the note of issue. If no such date  is  set  by  the
  court,  such  motion shall be made no later than one hundred twenty days
  after the filing of the note of issue, except with  leave  of  court  on
  good cause shown.
    (b)  Supporting  proof; grounds; relief to either party.  A motion for
  summary judgment shall be supported by  affidavit,  by  a  copy  of  the
  pleadings  and by other available proof, such as depositions and written
  admissions. The affidavit shall be by a person having knowledge  of  the
  facts;  it  shall  recite all the material facts; and it shall show that
  there is no defense to the cause of action or that the cause  of  action
  or  defense  has  no merit. The motion shall be granted if, upon all the
  papers and proof submitted, the cause of  action  or  defense  shall  be
  established  sufficiently  to  warrant  the  court as a matter of law in
  directing judgment  in  favor  of  any  party.  Except  as  provided  in
  subdivision  (c)  of  this  rule the motion shall be denied if any party
  shall show facts sufficient to require a trial of any issue of fact.  If
  it  shall  appear that any party other than the moving party is entitled
  to a summary judgment, the court may grant  such  judgment  without  the
  necessity of a cross-motion.
    (c)  Immediate  trial.  If  it appears that the only triable issues of
  fact arising on a motion for summary judgment relate to  the  amount  or
  extent  of  damages,  or  if  the  motion is based on any of the grounds
  enumerated in subdivision (a) or (b) of rule 3211, the court  may,  when
  appropriate for the expeditious disposition of the controversy, order an
  immediate  trial  of  such issues of fact raised by the motion, before a
  referee, before the court, or before the court and a jury, whichever may
  be proper.
    (e) Partial summary  judgment;  severance.  In  a  matrimonial  action
  summary judgment may not be granted in favor of the non-moving party. In
  any  other  action  summary  judgment  may  be granted as to one or more
  causes of action, or part thereof, in favor of any one or more  parties,
  to  the  extent  warranted,  on such terms as may be just. The court may
  also direct:
    1. that the cause of action as to which summary  judgment  is  granted
  shall be severed from any remaining cause of action; or
    2.  that  the  entry of the summary judgment shall be held in abeyance
  pending the determination of any remaining cause of action.
    (f) Facts unavailable to  opposing  party.    Should  it  appear  from
  affidavits submitted in opposition to the motion that facts essential to
  justify  opposition  may  exist but cannot then be stated, the court may
  deny the motion or may order a continuance to permit  affidavits  to  be
  obtained or disclosure to be had and may make such other order as may be
  just.
    (g)  Limitation  of issues of fact for trial.  If a motion for summary
  judgment is denied or is granted in part, the court,  by  examining  the
  papers  before  it and, in the discretion of the court, by interrogating
  counsel, shall, if practicable, ascertain what facts are not in  dispute
  or  are  incontrovertible.  It  shall thereupon make an order specifying
  such facts and they shall be deemed established for all purposes in  the
  action.    The court may make any order as may aid in the disposition of
  the action.
    (h) Standards for summary judgment in certain cases  involving  public
  petition  and participation. A motion for summary judgment, in which the
  moving party has demonstrated that the action,  claim,  cross  claim  or

  counterclaim  subject  to  the  motion  is  an  action  involving public
  petition and participation, as defined in paragraph (a)  of  subdivision
  one  of  section seventy-six-a of the civil rights law, shall be granted
  unless  the party responding to the motion demonstrates that the action,
  claim, cross claim or counterclaim has a substantial basis in  fact  and
  law  or  is  supported  by  a  substantial  argument  for  an extension,
  modification  or  reversal  of  existing  law.  The  court  shall  grant
  preference in the hearing of such motion.
    (i) Standards for summary judgment in certain cases involving licensed
  architects,  engineers, land surveyors or landscape architects. A motion
  for summary judgment, in which the moving party  has  demonstrated  that
  the  action, claim, cross claim or counterclaim subject to the motion is
  an action in which a notice of  claim  must  be  served  on  a  licensed
  architect,  engineer,  land  surveyor or landscape architect pursuant to
  the provisions of subdivision one of section  two  hundred  fourteen  of
  this chapter, shall be granted unless the party responding to the motion
  demonstrates  that  a  substantial  basis  in  fact and in law exists to
  believe that the performance, conduct or  omission  complained  of  such
  licensed  architect,  engineer,  land surveyor or landscape architect or
  such firm as set forth in the notice of claim  was  negligent  and  that
  such  performance, conduct or omission was a proximate cause of personal
  injury, wrongful death or property damage complained of by the  claimant
  or is supported by a substantial argument for an extension, modification
  or  reversal  of existing law. The court shall grant a preference in the
  hearing of such motion.