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What does it mean "after issue has been joined" in Motion for Summary Judgment?

New York, NY |
Filed under: Lawsuits and disputes

In NY CPLR 3212 "Motion for summary judgment" (a) Time; kind of action, it says "Any party may move for summary judgment in any action, after issue has been joined". What does "after issue has been joined" here?

Attorney Answers 3


  1. "Issue has been joined" means that all parties have joined the action. If you are the plaintiff, then it means that the defendant has answered the complaint.

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  2. After the defendant serves an Answer to the complaint.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. After the answer is received. Check motion schedule at the PC conference.

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