Key Takeaway
New York courts have discretion to overlook missing pleadings in summary judgment motions when the record is sufficiently complete, per Washington Realty case.
Court Discretion in Summary Judgment Procedures
Summary judgment motions in New York civil litigation must comply with specific procedural requirements under Civil Practice Law and Rules (CPLR) 3212. One fundamental requirement is that movants must support their motion with copies of the pleadings. However, a recent First Department decision demonstrates that courts maintain meaningful discretion when faced with procedural defects.
The Washington Realty case illustrates an important principle: while procedural compliance is generally mandatory, courts can exercise judicial discretion when the underlying record provides sufficient information to decide the motion fairly. This flexibility serves judicial efficiency while maintaining fairness to all parties.
This decision is particularly relevant for practitioners who may face timing constraints under CPLR 3212(a) or need to understand when courts might give parties second chances to correct procedural defects in their motion papers.
Jason Tenenbaum’s Analysis:
Washington Realty Owners, LLC v 260 Wash. St., LLC, 2013 NY Slip Op 03031 (1st Dept. 2013)
“Although CPLR 3212(b) requires that a motion for summary judgment be supported by copies of the pleadings, the court has discretion to overlook the procedural defect of missing pleadings when the record is “sufficiently complete”
Key Takeaway
Courts possess discretionary authority to waive strict procedural requirements for summary judgment motions when the record contains adequate information for proper adjudication. This judicial flexibility balances procedural compliance with practical case resolution, though parties should not rely on such discretion and should strive to meet all formal requirements when possible.
Legal Update (February 2026): Since this 2013 post, CPLR 3212 procedural requirements and judicial discretion standards may have been modified through legislative amendments, court rule changes, or evolving case law precedent. Practitioners should verify current provisions regarding pleading requirements, motion support documentation, and the scope of judicial discretion in summary judgment proceedings before relying on the procedural standards discussed in this analysis.
