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Who bears the burden in summary judgment?

A defendant seeking summary judgment bears the initial burden of demonstrating its entitlement to judgment as a matter of law by submitting evidentiary proof in admissible form, even though the ultimate burden of proof at trial falls upon the plaintiff. See Zuckerman v. City of New York, 49 N.Y.

What is the purpose of a summary judgment?

A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.

What is an example of a case where a summary Judgement may be issued?

For example, the plaintiff in a case about squatter's rights might claim they were living on a piece of property for 15 years, but anticipates that the defendant will argue that the plaintiff has really only been living on the property for 10 years.

What is a summary of motion?

Notice for Parties Who Do Not Have a Lawyer. A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial.

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