NYP 9

1 APPROPRIATE when there is no genuine issue of material fact requiring a trial

2 MAY BE MADE after ∆ serves his Answer

3 MUST BE MADE within 120 DAYS from filing of the Note of Issue, which puts the case on the court's calendar. (may be able to make motion outside of deadline for "good cause")

YES

This is known as SEARCHING THE RECORD. In a summary judgment motion, a court reviews all of the evidence in the record, regardless of which side submitted it, and can deny the motion OR enter judgment for the nonmoving party if all the evidence in the record supports it.

YES

A court can grant partial summary judgment on the issue of a party's liability, and order immediate trial on the issue of damages.

YES—in the following two cases

1) CONVERSION OF A MOTION TO DISMISS

• Court can cover motion to dismiss into motion for SJ
• Allows decision to be based on evidence (merits), rather than the sufficiency of the claim
• Parties must have submitted factual affidavits in connection with the motion
• Court must give advanced notice of conversion to allow them to oppose

2) IN LIEU OF COMPLAINT—in two types of actions, the PLAINTIFF may move for SJ at the same time she serves process

• Action based on instrument for payment of money only
• Action on an out-of-state judgment (full-faith-and-credit)

π must provide 20 days advanced notice of motion if served by personal delivery in NY (30 days for all other forms of service)