How much notice do I get before a New York summary judgment hearing?

At least 8 days. New York Civil Practice Law and Rules 2214(b) requires the notice of motion and supporting papers to be served at least 8 days before the return date the notice sets.

I was just served with a New York summary judgment motion. How long do I have to respond?

It depends on the notice you were served, so read it closely. By default, CPLR 2214(b) only requires your answering affidavits at least 2 days before the return date. But if the notice of motion was served at least 16 days before the return date and expressly demands the longer schedule, your opposition and any cross motion are due at least 7 days before the return date, with any reply from the movant due at least 1 day before it. The text of CPLR 2214 does not itself label these periods calendar days or court days, so confirm how your deadline is counted.

What is the deadline to file a motion for summary judgment in New York?

A motion may be made only after issue has been joined. Unless the court sets its own cutoff date, which cannot be earlier than 30 days after the note of issue is filed, New York Civil Practice Law and Rules 3212(a) requires the motion to be made no later than 120 days after the note of issue is filed, except with leave of court on good cause shown.

Does New York still require a separate statement of material facts for summary judgment?

Not statewide. New York's rule requiring a separate statement of material facts, 22 NYCRR 202.8-g, was repealed effective July 7, 2025. A Commercial Division court may still direct the parties to submit one under Commercial Division Rule 19-a (22 NYCRR 202.70(g)).

If the other side does not respond to a New York summary judgment motion, is it automatically granted?

No. Even without opposition, the court must still find, from the papers submitted, that the movant is entitled to judgment as a matter of law under CPLR 3212(b). Summary judgment is technical, and motions are lost on procedural grounds as often as on the merits, so attorney review is available before you file or respond.

Can I get partial summary judgment in New York?

Yes. CPLR 3212(e) allows summary judgment to be granted on one or more causes of action, or part of a cause of action, rather than only on an entire complaint, except that in a matrimonial action summary judgment may not be granted in favor of the non-moving party.

Are there special New York summary judgment rules for anti-SLAPP or licensed design professional cases?

Yes. CPLR 3212(h) sets a heightened standard for actions involving public petition and participation, and CPLR 3212(i) sets a heightened standard for malpractice claims against licensed architects, engineers, land surveyors, and landscape architects that require a CPLR 214 notice of claim. Both differ from the general standard in CPLR 3212(b).

Is a motion for summary judgment the same as a motion to dismiss in New York?

No. A motion for summary judgment under CPLR 3212 may be made only after issue has been joined and is decided on affidavits, the pleadings, and other available proof. A motion to dismiss is a separate process with its own rules. See the motion to dismiss guide for that separate process.

What if a default judgment was already entered against me in a New York case?

That is a separate process from opposing a summary judgment motion. See the set aside default judgment guide for how to seek relief from a default.

Does this New York page cover summary judgment motions in federal court?

No. This page covers a motion under New York's own CPLR 3212 in New York state court. A summary judgment motion in federal court follows the Federal Rules of Civil Procedure and is outside the scope of this page.

New York Motion for Summary Judgment

New York requires only 8 days notice before the return date, lets the opposing party's response be due as little as 2 days before the return date unless the movant demands a longer schedule, ties the filing cutoff to the note of issue rather than the trial date, and no longer requires a statewide separate statement of material facts as of July 7, 2025.

Find out where you stand in New York

Which side of the motion are you on?

DocDraft provides document preparation, not legal advice.

Introduction

A motion for summary judgment in New York asks the court to decide a case, or part of it, without a trial because the papers and proof submitted show no issue of fact requires one. Under N.Y. Civil Practice Law and Rules 2214(b), the notice of motion and supporting papers must be served at least 8 days before the return date the notice sets, and by default the opposing party's answering affidavits are due at least 2 days before that return date. A movant can instead demand a longer schedule: if the notice of motion is served at least 16 days before the return date and expressly demands it, opposition papers and any cross motion are due at least 7 days before the return date, with any reply due at least 1 day before it. Which schedule applies depends on the wording of the specific notice served, so a person who has been served should read that notice closely rather than assume a single fixed deadline. The text of CPLR 2214 and 3212 does not itself label these periods calendar days or court days. A motion may be made only after issue has been joined, and, unless the court sets its own cutoff date (which cannot be earlier than 30 days after the note of issue is filed), it must be made no later than 120 days after the note of issue is filed, except with leave of court on good cause shown, under CPLR 3212(a). Under CPLR 3212(b), the motion is granted only if the papers and proof establish the movant's cause of action or defense sufficiently to warrant the court, as a matter of law, in directing judgment, and it is denied if any party shows facts sufficient to require a trial of any issue of fact. A motion that goes unopposed is not automatically granted, because the court must still find, from the papers submitted, that the movant is entitled to judgment. Required papers include the notice of motion, an affidavit from a person with personal knowledge reciting the material facts, a copy of the pleadings, and any other available proof such as depositions or written admissions. New York no longer has a statewide requirement for a separate statement of material facts: 22 NYCRR 202.8-g was repealed effective July 7, 2025, though a Commercial Division court may still direct one under Rule 19-a, and word and page limits for motion papers are now set by 22 NYCRR 202.8-b. New York also allows partial summary judgment on one or more causes of action, or part of one, under CPLR 3212(e), and applies heightened standards in certain anti-SLAPP actions under CPLR 3212(h) and in malpractice claims against licensed design professionals that require a CPLR 214 notice of claim under CPLR 3212(i). This page does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion in federal court; each follows its own separate rules. Summary judgment is technical and is lost on procedure as often as on the merits, and attorney review is available before you file or respond.

Key Things to Know

1
The notice of motion must be served at least 8 days before the return date (CPLR 2214(b)); by default the opposing party's answering affidavits are due at least 2 days before that date, but a movant can instead demand a longer 16/7/1-day schedule, so read the specific notice served to know which applies.
2
The text of CPLR 2214 and 3212 does not itself label these periods calendar days or court days, so confirm how the specific deadline in your notice is counted.
3
Unless the court sets its own cutoff date (which cannot be earlier than 30 days after the note of issue is filed), a motion must be made no later than 120 days after the note of issue is filed, except with leave of court on good cause shown (CPLR 3212(a)).
4
Under CPLR 3212(b), the motion is granted only if the papers establish entitlement to judgment as a matter of law and is denied if any party shows facts sufficient to require a trial; a motion is not automatically granted just because it goes unopposed.
5
New York no longer requires a statewide separate statement of material facts: 22 NYCRR 202.8-g was repealed effective July 7, 2025, though a Commercial Division court may still direct one under Rule 19-a.
6
If you were served with a summary judgment motion, your real response deadline depends on the wording of that specific notice, not a single number in the statute, so check whether it demands the extended 16/7/1-day schedule.
7
New York allows partial summary judgment on one or more causes of action (CPLR 3212(e)) and applies heightened standards in certain anti-SLAPP (3212(h)) and licensed design professional (3212(i)) cases; this page does not cover a motion to dismiss, a default judgment motion, or federal court practice, and attorney review is available given how technical this motion is.

Key decisions before you file

Before you file a Motion for Summary Judgment in New York, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff, Index No. [INDEX NUMBER] -against-

NOTICE OF MOTION FOR SUMMARY JUDGMENT

[DEFENDANT NAME], Defendant.

PLEASE TAKE NOTICE that upon the annexed affidavit of [AFFIANT NAME], sworn to on [DATE], the exhibits annexed thereto, the pleadings on file, and the accompanying memorandum of law, [MOVING PARTY NAME] will move this Court, at the courthouse located at [COURTHOUSE ADDRESS], on [RETURN DATE], at [TIME], or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 3212 granting [MOVING PARTY NAME] summary judgment [ON THE [CAUSE OF ACTION OR DEFENSE] OR AS TO THE ENTIRE COMPLAINT], together with such other and further relief as the Court deems just and proper.

This motion is made on the ground that, upon all the papers and proof submitted, [MOVING PARTY'S] [CAUSE OF ACTION OR DEFENSE] is established sufficiently to warrant the Court, as a matter of law, in directing judgment in [MOVING PARTY'S] favor, and that no party can show facts sufficient to require a trial of any issue of fact, as CPLR 3212(b) requires.

This notice is served at least eight days before the return date above, as CPLR 2214(b) requires. [IF APPLICABLE: This notice is served at least sixteen days before the return date above and further demands, under CPLR 2214(b), that answering affidavits and any notice of cross-motion be served at least seven days before the return date, and that any reply be served at least one day before the return date.]

STATEMENT OF MATERIAL FACTS

[IF APPLICABLE: Pursuant to Commercial Division Rule 19-a (22 NYCRR 202.70(g)), a separate, short and concise statement of the material facts is annexed as Exhibit [EXHIBIT LETTER].] The material facts supporting this motion, and the record proof for each, are set out in the annexed affidavit of [AFFIANT NAME] and the exhibits referenced in it.

MEMORANDUM OF LAW

I. Standard on a Motion for Summary Judgment Under CPLR 3212 II. [MOVING PARTY] Has Established Entitlement to Judgment as a Matter of Law on [CAUSE OF ACTION OR DEFENSE] III. [OPPOSING PARTY] Cannot Show Facts Sufficient to Require a Trial of Any Issue of Fact [IF APPLICABLE: IV. This Action Involves Public Petition and Participation and the Heightened Standard of CPLR 3212(h) Applies] [IF APPLICABLE: IV. This Is a Claim Against a Licensed Design Professional and the Heightened Standard of CPLR 3212(i) Applies]

RELIEF REQUESTED

[MOVING PARTY] respectfully requests that the Court grant summary judgment [ON THE [CAUSE OF ACTION OR DEFENSE] IDENTIFIED ABOVE, OR AS TO THE ENTIRE COMPLAINT], together with costs and disbursements, and such other and further relief as the Court deems just and proper.

[IF APPLICABLE: This motion seeks partial summary judgment on fewer than all causes of action, under CPLR 3212(e).]

Dated: [DATE] [CITY], New York

                                              [SIGNATURE]
                                              [ATTORNEY OR PARTY NAME]
                                              [ADDRESS]
                                              [CITY, STATE ZIP]
                                              [PHONE]
                                              [EMAIL]
                                              Attorney for [MOVING PARTY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true copy of this Notice of Motion for Summary Judgment, the supporting affidavit, exhibits, and memorandum of law were served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], in accordance with CPLR 2214 and CPLR 2103.

[SIGNATURE] [NAME]

New York Requirements for Motion for Summary Judgment

8-Day Notice of Motion Floor
The notice of motion and supporting papers must be served at least 8 days before the return date set for the motion (CPLR 2214(b)).
2-Day Default Opposition Window
Absent a demand for the extended schedule, answering affidavits are due at least 2 days before the return date (CPLR 2214(b)).
Extended 16/7/1-Day Schedule If Demanded
If the notice of motion is served at least 16 days before the return date and expressly demands it, opposition papers are due at least 7 days before the return date and any reply at least 1 day before it (CPLR 2214(b)).
120-Day Filing Cutoff Tied to the Note of Issue
Unless the court sets its own cutoff date, which cannot be earlier than 30 days after the note of issue is filed, the motion must be made no later than 120 days after the note of issue is filed, except with leave of court on good cause shown (CPLR 3212(a)).
Statewide Separate Statement of Material Facts Repealed
22 NYCRR 202.8-g, New York's statewide rule requiring a separate statement of material facts, was repealed effective July 7, 2025; a Commercial Division court may still direct one under Rule 19-a (22 NYCRR 202.70(g)).
Word and Page Limits Under 202.8-b
Unless the court permits otherwise, computer-prepared attorney affidavits, affirmations, and memoranda of law in chief are limited to 7,000 words each and reply papers to 4,200 words each, with typewritten papers limited to 20 pages in chief and 10 pages on reply; the word limits do not apply to evidentiary affidavits from lay or expert witnesses (22 NYCRR 202.8-b).
Affidavit From a Person With Personal Knowledge
The supporting affidavit must be from a person with personal knowledge of the facts, recite all material facts, and show there is no defense or that the claim or defense has no merit (CPLR 3212(b)).
Partial Summary Judgment Allowed
CPLR 3212(e) allows summary judgment on one or more causes of action, or part of one, rather than only the entire complaint, except that in a matrimonial action it may not be granted in favor of the non-moving party.
Heightened Standards for Anti-SLAPP and Design Professional Claims
CPLR 3212(h) sets a heightened standard for actions involving public petition and participation, and CPLR 3212(i) sets a heightened standard for malpractice claims against licensed design professionals that require a CPLR 214 notice of claim.

Find out where you stand in New York

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

New York Requirements for Motion for Summary Judgment

8-Day Notice of Motion Floor

2-Day Default Opposition Window

Extended 16/7/1-Day Schedule If Demanded

120-Day Filing Cutoff Tied to the Note of Issue

Statewide Separate Statement of Material Facts Repealed

Word and Page Limits Under 202.8-b

Affidavit From a Person With Personal Knowledge

Partial Summary Judgment Allowed

Heightened Standards for Anti-SLAPP and Design Professional Claims

Frequently Asked Questions