N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.8-g - [Repealed effective 7/7/2025] Motions for Summary Judgment; Statements of Material Facts
(a) Upon any motion for summary
judgment, other than a motion made pursuant to CPLR 3213, the court may direct
that there shall be annexed to the notice of motion a separate, short and
concise statement, in numbered paragraphs, of the material facts as to which
the moving party contends there is no genuine issue to be tried.
(b) In such a case, the papers opposing a
motion for summary judgment shall include a correspondingly numbered paragraph
responding to each numbered paragraph in the statement of the moving party and,
if necessary, additional paragraphs containing a separate short and concise
statement of the material facts as to which it is contended that there exists a
genuine issue to be tried.
(c) Each
numbered paragraph in the statement of material facts required to be served by
the moving party may be deemed to be admitted for purposes of the motion unless
specifically controverted by a correspondingly numbered paragraph in the
statement required to be served by the opposing party. The court may allow any
such admission to be amended or withdrawn on such terms as may be
just.
(d) Each statement of
material fact by the movant or opponent pursuant to subdivision (a) or (b),
including each statement controverting any statement of material fact, must be
followed by citation to evidence submitted in support of or in opposition to
the motion.
(e) In the event that
the proponent of a motion for summary judgment fails to provide a statement of
undisputed facts though required to do so, the court may order compliance and
adjourn the motion, may deny the motion without prejudice to renewal upon
compliance, or may take such other action as may be just and appropriate. In
the event that the opponent of a motion for summary judgment fails to provide
any counter statement of undisputed facts though required to do so, the court
may order compliance and adjourn the motion, may, after notice to the opponent
and opportunity to cure, deem the assertions contained in the proponent's
statement to be admitted for purposes of the motion, or may take such other
action as may be just and appropriate.
Notes
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(a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.
(b) In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.
(c) Each numbered paragraph in the statement of material facts required to be served by the moving party may be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party. The court may allow any such admission to be amended or withdrawn on such terms as may be just.
(d) Each statement of material fact by the movant or opponent pursuant to subdivision (a) or (b), including each statement controverting any statement of material fact, must be followed by citation to evidence submitted in support of or in opposition to the motion.
(e) In the event that the proponent of a motion for summary judgment fails to provide a statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may deny the motion without prejudice to renewal upon compliance, or may take such other action as may be just and appropriate. In the event that the opponent of a motion for summary judgment fails to provide any counter statement of undisputed facts though required to do so, the court may order compliance and adjourn the motion, may, after notice to the opponent and opportunity to cure, deem the assertions contained in the proponent's statement to be admitted for purposes of the motion, or may take such other action as may be just and appropriate.