What opposing papers have to accomplish
Once the moving party makes its initial showing, the opponent generally has to come forward with admissible evidence that a material fact is genuinely disputed. Allegations in a complaint, attorney argument, and speculation usually do not meet that burden. The response typically pairs a memorandum of law with sworn statements from people with personal knowledge, deposition excerpts, and properly authenticated documents. Federal courts in the state commonly require, and the Commercial Division or a judge's own part rules may require, a statement responding to each of the movant's numbered facts with citations to the record. Facts not specifically disputed in that statement may be deemed admitted, which is one of the most common and avoidable problems.
Building the record to answer
Start by reading the motion against the evidence already gathered, marking each claimed undisputed fact and what contradicts it. Sworn statements must be consistent with prior testimony; an affidavit that contradicts a deposition without explanation is often disregarded as an attempt to manufacture an issue. If essential facts are in the other side's control and discovery is incomplete, both New York practice and the federal rules allow you to ask the court to deny or postpone the motion, but the request has to explain what is missing and why it matters. Retained technical witnesses may need to submit their opinions in admissible form. Collecting signatures and exhibits takes longer than people expect, so planning starts the day the motion arrives.
Choices before the response is filed
We decide together whether to oppose every point or concede some issues to focus the court on the strongest disputes, since narrowing can make the response more credible. A cross-motion may make sense if the same record supports judgment in your favor on certain claims, though cross-motions have timing rules of their own. If more time is needed, we look at whether a stipulated adjournment is available or whether a request must go to the court. We also discuss the risk on each claim if the motion is granted in part, and whether that changes settlement discussions. The response is often the clearest preview of how the case would be tried, so it deserves full attention.
