Cplr 312 a 2025

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If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
Its a final decision by a judge designed to resolve a lawsuit before trial. Summary judgment entitles one party to judgment when the Court believes no material issue of fact exists on the issue raised before the Court, and the Court must enter judgment as a matter of law.
The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability.
CPLR 3211(a)(7) provides: A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: . . . the pleading fails to state a cause of action . .. . . . . either party may submit any evidence that could properly be considered on a motion for summary judgment .
Under CPLR 3123, notice to admit, a party may serve his adversary with a written request to admit matters of fact so as to expedite the trial by eliminating the necessity of proving matters not in dispute.
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Common grounds for a motion to dismiss in New York include: **Lack of subject matter jurisdiction**: The court does not have the authority to hear the case. **Lack of personal jurisdiction**: The court does not have power over the defendant.
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.
**Understand the Sections:** - **CPLR 3217(a)(1)** allows a plaintiff to discontinue an action without a court order by serving a notice of discontinuance at any time before a responsive pleading is served or within twenty days after the service of the pleading asserting the claim, whichever is earlier.

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