Under NY practice, when is a party generally barred from moving for summary judgment before the defendant answers?

Under NY practice, when is a party generally barred from moving for summary judgment before the defendant answers?

• A. Before the defendant's answer
• B. After the defendant's answer
• C. Only after filing a note of issue
• D. At any time with court permission

Answer: (A)

In New York practice, a summary judgment motion is generally not entertained until the pleadings are closed, which happens after the defendant has answered. This rule exists because summary judgment hinges on whether there is a genuine issue of material fact; the opposing party must have the opportunity to present defenses and evidence, and the record needs to be fully developed through the pleadings. If a party moves before the defendant answers, the court would be evaluating the claim without the benefit of the other side’s defenses, making the request premature. While exceptions can apply in clear-cut situations where the face of the pleadings alone shows no triable issue, the general rule is to wait until after the answer.

In New York practice, a summary judgment motion is generally not entertained until the pleadings are closed, which happens after the defendant has answered. This rule exists because summary judgment hinges on whether there is a genuine issue of material fact; the opposing party must have the opportunity to present defenses and evidence, and the record needs to be fully developed through the pleadings. If a party moves before the defendant answers, the court would be evaluating the claim without the benefit of the other side’s defenses, making the request premature. While exceptions can apply in clear-cut situations where the face of the pleadings alone shows no triable issue, the general rule is to wait until after the answer.