Summary Judgment (CPLR 3212)
Timing rules, burden-shifting frameworks, and the interplay between CPLR 3212(a) deadlines and various motion types are among the most litigated procedural issues in New York practice.
30 articles from 2010–2018 · 1 current · 0 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- CPLR 2001 Mistakes, Omissions & Defects: The New York Practitioner's Guide Reviewed Sep 11, 2026 · first published 2018
CPLR 2001 lets New York courts disregard mistakes, omissions, defects, and irregularities that do not prejudice a substantial right.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2018 (3)
2017 (2)
2015 (2)
2014 (3)
2013 (4)
2012 (3)
2010 (11)
- Punch drunk off CPLR 3212(g)
- 3211(a)(1) – does not apply to an EUO no-show defense
- An untimely cross-motion will not be forgiven when the sought after relief is based upon a "different" issue than that found in the main motion
- The 120 day time period (CPLR 3212[a]) to make a summary judgment motion applies even if an action is marked off the calendar
- From our angry court of the week department
- Appellate Term Approves of the Court Giving Defendant a Second Bite at the Apple
- CPLR 3212(a) not applicable in the lower courts? Not again.
- The Appellate Division has held that "Documentary evidence" under CPLR 3211(a)(1) is quite limited
- An appeal from a judgment after a trial brings up for review a summary judgment motion that was not previously appealed
- Understanding CPLR 3212(g): When Summary Judgment Relief Becomes Improper
- 3212(f) does not apply
Frequently asked questions
What is summary judgment in New York?
Summary judgment is a decision without a trial. Under CPLR 3212(b), the motion is granted if the cause of action or defense is established sufficiently to warrant the court in directing judgment as a matter of law, and denied if any party shows facts sufficient to require a trial of any issue of fact. The movant must first make a prima facie showing; only then must the opponent produce evidentiary proof in admissible form of a material issue of fact (Alvarez v Prospect Hospital, 68 NY2d 320 (1986)). Under CPLR 3212(a), the motion is due within 120 days after the note of issue unless the court sets another date.