Issue: Under New York law, what is the standard for granting a motion for summary judgment?
| Area of Law: | Litigation & Procedure |
| Keywords: | Summary judgment; Standard for granting motion |
| Jurisdiction: | New York |
| Cited Cases: | 33 N.Y.2d 169 |
| Cited Statutes: | N.Y. C.P.L.R. 3212(b); |
| Date: | 02/01/2001 |
A motion for summary judgment may be granted
if, upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party. . . . [T]he motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact.
N.Y. C.P.L.R. 3212(b).
On a motion for summary judgment by the defendant, a trial court has a duty to construe the evidence in the light most favorable to the plaintiff. See N.Y. C.P.L.R. 3212(b). Where a trier of fact could well find that the testimony of certain witnesses to be more persuasive than the opinions of the other party’s experts; the parties are entitled to have a jury hear the conflicting evidence and decide the case. See Hartford Acc. & Indem. Co. v. Wesolowski, 33 N.Y.2d 169, 172 305 N.E.2d 907, 350 N.Y.S.2d 895, 898 (1973).
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