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Does a motion for summary judgment stay discovery in New York?

Stay of Discovery Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until determination of the motion. CPLR 3214(b).

Does CPLR 3211 motion stay discovery?

All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section.

What happens when summary Judgement is granted?

A motion for summary judgment is a motion asking the court to issue summary judgment on at least one claim. If the motion is granted, a decision is made on the claims involved without holding a trial.

Does summary judgment motion stay discovery?

No federal rule, statute, or binding case law applies here to automatically stay discovery pending a ruling on a MSJ filed before the close of a discovery period, and filing a Federal Rule of Civil Procedure 56 motion for summary judgment does not automatically stay discovery until the motion is resolved.

What are the requirements for a motion for summary judgment in NY?

As per CPLR 3212(b), a motion for summary judgment must be supported by an affidavit. This affidavit should be from someone with knowledge of the facts, recite all material facts, and demonstrate the absence of a defense or the lack of merit in a cause of action or defense.