If he admitted to everything in the answer, and you served him properly with the motion for summary judgment, and he does not show up, you will most likely win without having to argue.
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.
You should be prepared to argue your case. If the defendant does not show up, then the Court may or may not hear your argument.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Dear what happens?
In what court? In New York County Supreme Court no one comes to argue a motion on a calendar submission date. All submitted papers are assigned by the Motion Support Office to the justice assigned to the case when you filed the RJI and Notice of Motion with proof of service. If the defendant does not serve an opposing set of papers, your motion will eventually travel to the assigned justice without any papers opposing your request for summary judgment. The court may or may not grant the relief requested as other factors not available here may come into play ( for example: you put your papers together in such a way that the motion is defective.) If the court decides on argument, the argument date is published in he New York Law Journal or you can track your case through the court's website. But if there is an argument date before the court and you do not appear even without opposition your motion might be denied.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.