Can a summary judgment motion destroy my catastrophic injury case even if I have strong evidence of the defendant's negligence?

Under New York CPLR § 3212, a defendant can file a summary judgment motion claiming there are no disputed facts requiring a trial, but this is actually difficult to prove in serious injury cases where liability and damages are typically complex. If you've suffered a catastrophic injury like traumatic brain injury, spinal cord damage, or severe burns, there are usually genuine disputes about causation, the extent of negligence, and future damages that prevent summary judgment. At Yassi Law PC, we aggressively oppose these motions in high-value cases and offer a free consultation to evaluate the strength of your claim against any summary judgment challenge.

What happens to my potential multi-million dollar settlement if the defendant wins their motion for summary judgment?

If a defendant successfully obtains summary judgment under New York CPLR § 3212, your case is dismissed entirely, eliminating any possibility of recovering damages for your catastrophic injuries, lost wages, and future medical care. However, New York courts set a high bar for granting summary judgment, especially in cases involving severe injuries where complex medical evidence and expert testimony are typically required to prove both liability and damages. The key is having experienced legal representation that can present compelling evidence to defeat these motions and preserve your right to seek the substantial compensation your serious injuries warrant.

Should I be worried if the insurance company files a summary judgment motion in my high-value personal injury case?

While any summary judgment motion requires immediate and serious attention, insurance companies in New York often file these motions as a litigation strategy to pressure plaintiffs into lower settlements, especially in high-value catastrophic injury cases. Under CPLR § 3212, we can oppose their motion with medical records, expert witness affidavits, and other evidence that demonstrates genuine disputes of material fact that require a jury's consideration. The fact that they're seeking summary judgment may actually indicate they're concerned about the strength of your case and the potential for a significant verdict at trial.

What Is a Motion for Summary Judgment in New York? A Plain-Language Guide to CPLR § 3212

Reza Yassi
3 days ago
9 min read

You filed a lawsuit. The other side answered. Depositions happened. Now your attorney says, "We're going to move for summary judgment." You nod — but you have no idea what that means or why it matters to your case.

In New York, a motion for summary judgment under CPLR § 3212 is one of the most powerful tools in civil litigation. It can end a case before trial — completely, or on key issues — and it works in both personal injury cases and business disputes.

Here is exactly what it means, how the process works, and what is at stake for you.

What Is a Motion for Summary Judgment?

A summary judgment motion is a formal request to the court to decide a case — or part of a case — without going to trial. The party making the motion is arguing that the facts are not actually in dispute and that the law clearly favors their side. If the court agrees, it rules in their favor on the spot.

Think of it this way. A trial is a fact-finding exercise — you present witnesses, the other side cross-examines, and a jury decides who to believe. Summary judgment skips all of that. It says: there is nothing for a jury to decide, because the facts are clear and the law is clear.

Both sides can make this motion. A plaintiff (the person suing) can move for summary judgment to establish that the defendant is liable — even before a trial on damages. A defendant can move to dismiss the case entirely by showing the plaintiff has no valid legal claim.

How Does CPLR § 3212 Work?

CPLR § 3212 is the New York statute that governs summary judgment motions. It sets out who can make the motion, when, and what evidence is required.

Step One: Making the Motion

The motion must be supported by an affidavit from someone with actual knowledge of the facts, a copy of the pleadings (the complaint and answer), and other evidence like deposition transcripts and documentary proof.

The person making the motion must show, as a matter of law, that they are entitled to win. They need to eliminate all genuine questions of fact. This is called the prima facie burden — "at first sight," the showing must be clear enough to warrant judgment.

The New York Court of Appeals set the standard decades ago in Winegrad v. New York University Medical Center, 64 N.Y.2d 851 (1985): if the moving party fails to make that prima facie showing, the motion must be denied — even if the opposing party submits weak papers in response.

Step Two: The Other Side Responds

Once the moving party meets its burden, the ball shifts to the other side. They must come forward with real evidence — sworn affidavits, documents, deposition testimony — showing that there is a genuine dispute of fact that needs to go to a jury.

Guesswork is not enough. In Zuckerman v. City of New York, 49 N.Y.2d 557 (1980), the Court of Appeals held that "mere conclusions, expressions of hope or unsubstantiated allegations or assertions are insufficient" to defeat a properly supported summary judgment motion. You need actual evidence, not speculation.

Step Three: The Court Decides

If the opposing party raises a genuine factual dispute — something a reasonable jury could decide either way — the motion is denied and the case goes to trial. If no genuine dispute exists, the court grants the motion. The case, or that part of it, is over.

The 120-Day Deadline: Do Not Miss It

In New York, you cannot move for summary judgment whenever you want. Under CPLR § 3212(a), a summary judgment motion must be made no later than 120 days after the filing of the Note of Issue — the document that certifies the case is ready for trial.

This deadline is strictly enforced. In Brill v. City of New York, 2 N.Y.3d 648 (2004), the Court of Appeals made clear that "good cause" for a late filing means a real explanation for why the motion is late — not simply that the motion has merit or that the other side was not prejudiced. A meritorious but late motion gets denied.

A few important timing rules to know:

The clock starts when the Note of Issue is filed, not when it is served.
Courts can set shorter deadlines — as few as 30 days post-filing — but never fewer than that.
In the Commercial Division, individual judges often impose 60- or 90-day deadlines in their Part Rules. Check the judge's individual assignment rules before you plan your motion.
The case must be "at issue" — meaning the defendant must have filed an answer — before any summary judgment motion can be made.

Missing this window is a serious mistake. Courts will not bend the rules simply because the motion looks strong on the merits.

How Summary Judgment Works in Personal Injury Cases

For accident victims in New York, summary judgment on liability can be a game-changer. Here is how it plays out in the most common types of PI cases.

Car Accidents: The Rear-End Rule

New York law creates a presumption of negligence against a driver who rear-ends another vehicle. If you were stopped or moving slowly and the car behind you hit you, you can often obtain summary judgment on liability. The defendant then bears the burden of coming forward with evidence of a non-negligent explanation — like a sudden, unforeseeable mechanical failure.

Construction Accidents: Absolute Liability Under Labor Law § 240

Construction workers injured in falls from scaffolds, ladders, or rooftops can move for summary judgment under Labor Law § 240(1). This is an absolute liability statute — once the worker proves a safety device failed or was absent, the contractor or property owner is liable as a matter of law. The worker's own comparative fault cannot defeat the motion. As we covered in our guide on NYC construction accident claims under Labor Law § 240, this is one of the strongest liability tools in New York for injured workers.

No Comparative Fault Requirement for Plaintiffs

A landmark 2018 Court of Appeals decision changed the rules for plaintiffs moving for summary judgment on liability. In Rodriguez v. City of New York, 31 N.Y.3d 312 (2018), the court held that a plaintiff does not have to prove the absence of their own comparative negligence when moving for summary judgment on liability. You only need to show that the defendant was negligent and that negligence caused your injuries. Your own conduct goes to damages — not to whether you win the liability motion.

This matters. Before Rodriguez, defendants routinely defeated plaintiff summary judgment motions by pointing to any possible fault on the plaintiff's part. That is no longer the law.

A 2025 Example: Lema v. Parks

In Lema v. Parks, 2025 NY Slip Op 04774 (2d Dep't 2025), the Second Department affirmed a plaintiff's summary judgment on liability in a car accident case — and upheld the dismissal of the defendant's comparative negligence defense in the same motion. One motion, two wins: liability established, defense eliminated.

How Summary Judgment Works in Business and Commercial Cases

In the Commercial Division of New York Supreme Court, summary judgment is used differently — but just as powerfully.

Breach of Contract Claims

A plaintiff in a breach of contract case must establish four elements to win at summary judgment: (1) a valid contract existed, (2) the plaintiff performed its obligations, (3) the defendant breached, and (4) damages resulted. If you can prove all four with documents, emails, invoices, and signed agreements — and the defendant cannot point to a genuine dispute — you can win before trial.

The CPLR 3213 Shortcut

For cases involving promissory notes, guaranties, or other instruments for the payment of money, New York offers an even faster route: a motion for summary judgment in lieu of complaint under CPLR § 3213. You file the motion at the start of the case — no full complaint required — and the court can rule on it immediately if the defendant cannot raise a defense.

Dismissing Meritless Defenses

Summary judgment is also used offensively to knock out weak affirmative defenses — like fraud in the inducement, failure of consideration, or impossibility — before they complicate a trial. Courts will grant partial summary judgment dismissing those defenses if they lack factual support, even if other issues remain for trial.

What the 2025 Cases Are Teaching Us

New York appellate courts decided several important summary judgment cases in 2025. Here is what they show.

In Valerio v. City of New York, 2025 NY Slip Op 02957 (2d Dep't 2025), the court reversed a summary judgment grant because a key affidavit was conclusory and submitted by someone without personal knowledge of the facts. The lesson: you cannot satisfy your prima facie burden with a vague, generic affidavit. The person signing must actually know what happened.

In Tsering v. Fifth Avenue Foods, LLC, 2025 NY Slip Op 01253 (2d Dep't 2025), the court reversed a plaintiff's summary judgment because the defendant's driver submitted an affidavit directly contradicting the plaintiff's account of the collision. Two sworn, conflicting accounts of the same event create a question for the jury — not the motion court.

And in Scutella v. Dill, 2025 NY Slip Op 06522 (4th Dep't 2025), the court reversed a defendant's summary judgment in an accident case. The defendant argued the plaintiff was solely at fault — but the court reaffirmed that a defendant seeking summary judgment must establish their own complete freedom from fault as a matter of law. Blaming the other person is not enough.

For broader context on what happens after liability is resolved, see our analysis of what NYC personal injury cases are worth in 2025 and 2026.

Common Mistakes That Kill Summary Judgment Motions

Missing the 120-day deadline. Courts enforce this strictly. Lateness requires a real excuse — not just a strong motion.
Filing before the defendant answers. The case must be "at issue" before you can move. A premature motion is a nullity.
Submitting a conclusory affidavit. As Valerio v. City of New York (2025) makes clear, the affidavit must come from someone with actual knowledge and real facts — not a generic recitation.
Forgetting to attach the pleadings. CPLR 3212(b) requires pleadings. Courts have denied motions for this omission alone.
Relying solely on an attorney's affirmation. An attorney without personal knowledge of the facts cannot carry the prima facie burden. You need a client or fact-witness affidavit.
Not requesting partial summary judgment. Even if you cannot win the whole case, CPLR 3212(e) lets you win on part of it — narrowing the issues at trial and gaining strategic leverage.
Ignoring CPLR 3212(f). If you need facts that are in the other side's exclusive control, explicitly invoke this provision in your papers or the court will not consider it.

Frequently Asked Questions About CPLR § 3212

Can both sides move for summary judgment in the same case?

Yes. It is common for both parties to file cross-motions for summary judgment in the same case. Each side argues they should win as a matter of law. The court considers both together. One side might win while the other loses, or both motions might be denied if genuine factual disputes exist.

What happens if I can't get the evidence I need to oppose a summary judgment motion?

CPLR § 3212(f) is your protection. If the evidence you need is exclusively in the other party's control — like internal inspection reports or corporate communications — you can ask the court to deny the motion or delay its decision until you can conduct discovery. You must invoke this provision explicitly in your opposition papers.

Does winning summary judgment on liability mean I automatically get money?

Not immediately. A summary judgment on liability means the court found the defendant responsible, but you still need a trial or separate proceedings to determine the amount of your damages. Courts often bifurcate cases — deciding liability first and damages second.

How is summary judgment different from a motion to dismiss?

A motion to dismiss under CPLR § 3211 happens early in the case — before full discovery — and tests whether the complaint states a valid legal claim on its face. A summary judgment motion under CPLR § 3212 comes after discovery and tests whether real evidence supports or defeats the claim. The evidentiary bar is much higher. For a plain-language breakdown of the motion to dismiss, see our guide to CPLR § 3211 motions in New York.

Conclusion

CPLR § 3212 is one of the most consequential procedural tools in New York civil litigation. A well-timed, well-supported summary judgment motion can win your case before trial — or gut the other side's defenses. A poorly prepared or late motion can be denied entirely, leaving issues at trial that should have been resolved.

The rules are strict: 120 days from the Note of Issue, personal knowledge affidavits, pleadings annexed, and real evidence — not speculation. Courts will not bend these requirements for a meritorious argument alone.

If you or someone you know is involved in a civil lawsuit in New York — whether a personal injury claim, a business dispute, or a contract case — the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.

Written by Reza Yassi | LinkedIn

This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.