What must the movant demonstrate when filing a motion for summary judgment in New York?

When filing a motion for summary judgment in New York, the movant must demonstrate the absence of a genuine issue of material fact. This means that the party seeking summary judgment must show that there are no significant factual disputes that would affect the outcome of the case. By proving that there is no genuine issue of material fact, the movant can argue that they are entitled to judgment as a matter of law without proceeding to a trial.

In a summary judgment motion, the focus is on whether the evidence presented leaves any room for dispute over the material facts involved in the case. If the movant successfully establishes that the evidence is undisputed and supports their claims or defenses, the court can grant the judgment in favor of that party, thus avoiding the need for a jury trial.

The context lies in the burden-shifting mechanism for summary judgment: once the movant presents sufficient evidence to demonstrate the absence of genuine disputes over material facts, the burden then shifts to the opposing party to establish that such disputes do exist. This process underscores the fact that summary judgment is meant to be a mechanism for resolving cases without unnecessary trials when the core facts are not in contention.