Section 10.0 I. State Practice

• Jurisdiction: New York

i. State Practice

Summary judgment is the functional equivalent of a trial.¹³¹⁸ The movant on a motion for summary judgment has an obligation to produce evidence in support of the motion, and the party opposing it has the same duty. Depositions are expressly recognized as proof that may be used on such motions; the rule states that the motion must be supported by affidavit, a copy of the pleadings and “other available proof, such as depositions and written admissions.”¹³¹⁹

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Notes:

^[1318] . S.J. Capelin Assocs., Inc. v. Globe Mfg. Corp., 34 N.Y.2d 338, 357 N.Y.S.2d 478 (1974); Access Capital, Inc. v. DeCicco, 302 A.D.2d 48, 752 N.Y.S.2d 658 (1st Dep’t 2002).

^[1319] . CPLR 3212(b).