STATE COURT MOTION FOR SUMMARY JUDGMENT

(New York Supreme Court – Template)

[// GUIDANCE: This template is drafted for use in the Supreme Court of the State of New York. Adapt as needed for County, Commercial Division, or lower courts. Verify local part rules and any individual‐part practices before filing.]

TABLE OF CONTENTS

1. Caption
2. Notice of Motion
3. Proposed Order
4. Memorandum of Law
   4.1 Preliminary Statement
   4.2 Statement of Relevant Procedural History
   4.3 Statement of Undisputed Material Facts (see §5)
   4.4 Legal Standard
   4.5 Argument
   4.6 Conclusion
5. Statement of Material Undisputed Facts (22 N.Y.C.R.R. § 202.8-g)
6. Attorney Affirmation in Support (CPLR § 2106)
7. Word-Count Certification (22 N.Y.C.R.R. §§ 202.8-b & 202.8-c)
8. Exhibit Index

1. CAPTION

text
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
-------------------------------------------------------------X
[PLAINTIFF NAME], Index No.: [INDEX NO.]
Plaintiff, Motion Seq. No.: [___]

–against– NOTICE OF MOTION
FOR SUMMARY JUDGMENT
[DEFENDANT NAME],
Defendant.
-------------------------------------------------------------X

2. NOTICE OF MOTION

PLEASE TAKE NOTICE that upon (i) the accompanying Memorandum of Law; (ii) the Attorney Affirmation of [ATTORNEY NAME] dated [DATE] with Exhibits [A – ___]; (iii) the Statement of Material Undisputed Facts pursuant to 22 N.Y.C.R.R. § 202.8-g; and (iv) all prior pleadings and proceedings herein, the undersigned will move this Court at IAS Part [PART] (Hon. [JUSTICE NAME]), courthouse located at [COURTHOUSE ADDRESS], on [RETURN DATE] at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, for an Order, pursuant to N.Y. C.P.L.R. 3212:

1. Granting summary judgment in favor of [MOVING PARTY] on the [CAUSES OF ACTION/COUNTERCLAIMS] asserted in the [COMPLAINT/ANSWER];
2. Dismissing with prejudice the [claims/defenses] of [NON-MOVING PARTY] as a matter of law; and
3. Granting such other and further relief as the Court deems just and proper.

Pursuant to 22 N.Y.C.R.R. § 202.8-b, the undersigned certifies that the accompanying Memorandum of Law contains [WORD COUNT] words, exclusive of caption, table of contents, table of authorities, signature block, exhibits, and word-count certification.

DATED: [CITY], New York
[DATE]

text

[ATTORNEY NAME]
Attorneys for [MOVING PARTY]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

3. PROPOSED ORDER

text
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
-------------------------------------------------------------X
[PLAINTIFF NAME], Index No.: [INDEX NO.]
Plaintiff, Motion Seq. No.: [___]

–against– PROPOSED ORDER
GRANTING SUMMARY
[DEFENDANT NAME], JUDGMENT
Defendant.
-------------------------------------------------------------X

Upon the Notice of Motion dated [DATE] of [MOVING PARTY] for summary judgment, the Memorandum of Law, the Attorney Affirmation of [ATTORNEY NAME] dated [DATE] with exhibits annexed, the Statement of Material Undisputed Facts, and upon all prior pleadings and proceedings herein, and due deliberation having been had thereon, it is hereby

ORDERED that the motion of [MOVING PARTY] for summary judgment is GRANTED in its entirety; and it is further

ORDERED that the [claims/defenses] of [NON-MOVING PARTY] are DISMISSED with prejudice; and it is further

ORDERED that the Clerk shall enter judgment accordingly; and it is further

ORDERED that [any additional relief].

Dated:
Enter:

HON. [JUSTICE NAME], J.S.C.

4. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

4.1 Preliminary Statement

[PLACEHOLDER – succinctly state why no triable issue of fact exists and why movant is entitled to judgment as a matter of law.]

4.2 Statement of Relevant Procedural History

[Summarize pleadings, motions, discovery status, and any scheduling orders.]

4.3 Statement of Undisputed Material Facts

(See Section 5 infra and Exhibits [A – ___].)

4.4 Legal Standard

Under N.Y. C.P.L.R. 3212, summary judgment shall be granted if “the cause of action … shall be established sufficiently to warrant the court as a matter of law in directing judgment” in favor of the movant, and the opposing party fails to show facts sufficient to require a trial of any material issue of fact. The movant bears the initial burden of establishing prima facie entitlement to judgment as a matter of law through admissible evidence. Upon such showing, the burden shifts to the adverse party to produce evidentiary proof in admissible form sufficient to establish the existence of genuine issues of material fact.

[// GUIDANCE: Avoid case citations per policy. Rely on statutory language and procedural rules.]

4.5 Argument

Point I – [CAUSE OF ACTION] Fails as a Matter of Law
A. Applicable Substantive Elements
B. Undisputed Material Facts Establish Each Element / Defeat Opposing Claim
C. Opposing Party Cannot Raise a Triable Issue

Point II – [ALTERNATIVE/ADDITIONAL CLAIM OR DEFENSE]
A. Legal Framework
B. Application to Undisputed Facts

[Add additional points as necessary.]

4.6 Conclusion

For the foregoing reasons, the Court should grant summary judgment in favor of [MOVING PARTY], dismiss the [claims/defenses] of [NON-MOVING PARTY] with prejudice, and award such other relief as the Court deems just and proper.

Respectfully submitted,

text

[ATTORNEY NAME]

5. STATEMENT OF MATERIAL UNDISPUTED FACTS

(Pursuant to 22 N.Y.C.R.R. § 202.8-g)

[// GUIDANCE: Each fact must include pinpoint citation to admissible evidence (e.g., deposition page/line, affidavit ¶, contract §). Non-compliant facts risk rejection under 22 N.Y.C.R.R. § 202.8-g(c).]

6. ATTORNEY AFFIRMATION IN SUPPORT

(CPLR § 2106)

text
STATE OF NEW YORK )
) ss.:
COUNTY OF [COUNTY] )

[ATTORNEY NAME], an attorney duly admitted to practice law before the courts of the State of New York, affirms the following to be true under the penalties of perjury:

1. I am a [title] with the firm of [FIRM NAME], attorneys for [MOVING PARTY] in the above-captioned action and am fully familiar with the facts herein.
2. Annexed hereto as Exhibit A is [DOCUMENT].
3. Annexed hereto as Exhibit B is [DOCUMENT].
4. [Add additional exhibit descriptions.]
5. The facts set forth in the accompanying Statement of Material Undisputed Facts are true and correct based upon my personal knowledge and review of the record, and each cited exhibit is a true and correct copy of the original.

WHEREFORE, I respectfully request that the Court grant the relief sought in the accompanying Notice of Motion.

Dated: [CITY], New York
[DATE]

[ATTORNEY NAME]

7. WORD-COUNT CERTIFICATION

(22 N.Y.C.R.R. §§ 202.8-b & 202.8-c)

I, [ATTORNEY NAME], certify that the foregoing Memorandum of Law contains [WORD COUNT] words, excluding the portions exempted by 22 N.Y.C.R.R. § 202.8-b(b) and was prepared in reliance on the word-count function of [WORD-PROCESSING SOFTWARE].

8. EXHIBIT INDEX

[// GUIDANCE: Ensure each exhibit is Bates-stamped, legible, and complete. File large exhibits in digital format if permitted by local E-Filing rules.]

ADDITIONAL COMPLIANCE NOTES

1. Service & Filing: File via NYSCEF (if mandatory) and serve hard copies pursuant to CPLR Rule 2103(b), unless e-service consented.
2. Return Date & Cross-Motions: Coordinate dates with clerk; cross-motions must be noticed for the same return date (CPLR § 2215).
3. Sur-Reply: Not permitted absent leave (22 N.Y.C.R.R. § 202.8-c).
4. Oral Argument: Request in Notice of Motion; court’s discretion controls.
5. Briefing Limits: Moving and opposition papers limited to 7,000 words; reply limited to 4,200 words (22 N.Y.C.R.R. § 202.8-b(a)).

[// GUIDANCE: Always review individual-part rules, which may impose stricter page/word limits, spacing, or font requirements.]

This template is provided for general instructional purposes and must be tailored to the specific facts, procedural posture, and local rules applicable to your case.