New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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Multi-State
Control #:
US-MOT-01427
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This is a multi-state form covering the subject matter of the title.
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  • Preview Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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FAQ

Unless the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery. presented in a form that would be admissible in evidence. (3) Materials Not Cited.

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

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).

Under the rules of federal courts, unless a different time is set by local rule or a court orders it, the party seeking summary judgment may file a motion at any time until 30 days after the close of discovery.

Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.

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.

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.

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New York Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion