In a commercial litigation, parties often seek to obtain a summary judgment, which is a judgment entered by the court without the need for a trial. Summary judgment is granted when the moving party demonstrates that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In New York, obtaining summary judgment in a commercial case can be a useful tool for resolving disputes efficiently and quickly.
To obtain summary judgment in a New York commercial case, the moving party must first file a motion with the court. The motion must be supported by evidence, typically in the form of affidavits, deposition transcripts, and other documentary evidence, that shows that there are no material issues of fact in dispute and that the moving party is entitled to judgment as a matter of law.
In deciding whether to grant summary judgment, the court will consider whether the evidence presented by the moving party establishes a prima facie case. If the moving party meets its burden, the burden then shifts to the non-moving party to demonstrate that there are material issues of fact that need to be resolved at trial.
Obtaining summary judgment is not always easy, particularly in complex commercial cases where the parties may have different interpretations of the relevant legal or factual issues. Because the motion is usually filed after discovery is completed, it often requires a deep dive into the entire case file. In addition, most courts and judges have special rules relating to the timing and content of summary judgment motions that must be strictly followed. This makes the motion a costly one in terms of legal fees. Additionally, the court may ultimately determine that there are disputed issues of fact that require a trial, or that the moving party has failed to meet its burden of demonstrating that it is entitled to judgment as a matter of law.
While obtaining summary judgment in a New York commercial case can be a useful tool for resolving disputes efficiently and quickly, it requires a careful analysis of the relevant legal and factual issues and a well-supported motion. If you have any questions about obtaining summary judgment in a commercial case, or any other commercial litigation matter, please do not hesitate to contact us.
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