Finding issues, not resolving them
New York courts often describe their role on these motions as issue finding rather than issue determination. The judge does not weigh credibility or decide which witness to believe; if the evidence supports competing versions of a material fact, the case generally goes to trial. Federal courts frame the test in similar terms, asking whether there is a genuine dispute as to any material fact and whether the moving party is entitled to judgment as a matter of law. A fact is material when it could change the outcome under the law governing the claim. Disagreements over facts that do not matter to the legal question do not defeat the motion.
How the burden moves
The party seeking summary judgment goes first and must show, through evidence, that it is entitled to judgment. In New York state court, if that initial showing is not made, the motion should be denied regardless of how weak the opposing papers are. Once the showing is made, the burden shifts to the other side to produce admissible evidence that raises a triable issue. Federal practice allocates this somewhat differently, particularly when the opposing party would carry the burden of proof at trial, where the movant may be able to point to an absence of evidence. Throughout, the evidence is viewed in the light most favorable to the party opposing the motion, with reasonable inferences drawn in its favor.
Applying the standard to your record
Because the standard is applied claim by claim, we map what the law requires for each claim against what the record actually contains. Speculation, conclusions without supporting facts, and inadmissible hearsay usually do not create a genuine dispute on their own. A sworn statement that conflicts with documents or earlier testimony may be discounted, and a well-supported account may carry the motion even if the other side simply disagrees with it. We look for the points where the case truly turns and test whether the evidence on each side would hold up at trial. That review tells you whether a motion is worth bringing, or what an opposition needs to include.
