Summary judgment is a drastic remedy that should be granted only if no triable issues of fact exist and the movant is entitled to judgment as a matter of law. Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ; Andre v. Pomeroy, 35 N.Y.2d 361, 364 . The party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence in admissible form demonstrating the absence of material issues of fact. Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 ; CPLR 3212[b].
Recent Blog Posts
- Legal malpractice context…continuous representation doctrine…generally limited to…a specific legal matter… January 21, 2022
- False Hopes, more dangerous than fears: default, action and modification of a Promissory Note January 6, 2022
- Court held that there were questions of fact regarding the continuous representation toll. December 1, 2021
- Failed to submit evidence establishing, prima facie, the absence of at least one essential element of the legal malpractice cause of action. November 8, 2021
- Gov. Hochul at Friends of Steve Cohn traditional Cheesecake Breakfast at Junior’s October 29, 2021