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

Asked over 1 year ago - New York, NY

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. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Joshua Richmond Lippes

    Contributor Level 13


    Lawyers agree

    Answered . "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.

    If you found this "helpful" or "best answer," please click it with my appreciation. This response does not... more
  3. Jayson Lutzky


    Contributor Level 20


    Lawyers agree

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

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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