Legal Question in Business Law in New York

The first thing you need to know is that summary judgment is deemed a harsh remedy in that it deprives the losing party of his or her day in court. That being the case, all favorable inferences are decided in favor of the opponent.

Also, there is a common misperception by pro se litigants that summary judgment is a mini trial on paper. That is not the case.

The purpose behind the summary judgment motion is to dispose of all cases where neither party disputes the facts and one of the parties is entitled to judgment as a matter of law. For example, when a one car rear-ends another car which is stopped, the law holds the driver of the offending vehicle 100% liable. If the offending vehicle's driver admits to striking the stopped car, summary judgment is warranted. However, if the offending vehicle's Driver testifies that the car he struck was moving in reverse, the determination as two which party is telling the truth is left to the jury to decide based upon the credibility/believability of the parties.

I suspect the judge believed that plaintiff was able to raise a triable issue and that's why summary judgment was denied. When the appellate court affirms, that simply means that it agreed with the decision of the lower court. Generally, the appellate court issues a written decision. If you want to know why the appellate court agreed, you can obtain that decision from the court or it's website.

My colleague offered a good response.

In short, it means your motion was denied. An easy way to consider summary judgment is to ask the question: is it possible that the non-moving party (the one that did not make the motion) could possibly win their case? If not, then summary judgment is likely. But if there is any question of fact involved, meaning that the party has a chance to prevail, then SJ is not warranted.

I suggest you consult a civil litigator to get some guidance as doing this pro se as a defendant is risky business.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

(1) District Court found that you had not established your defense as a matter of law, or that the plaintiff showed an issue of fact that needs a hearing before it can be accepted or rejected.

(2) The Appellate Term agreed with the result, i.e., you don't get a dismissal. The affirmance might have been based on the decision of the District Court, or it might have been based on a different reason. You have to read the decisions.

It sounds like this is a full bore District Court case, i.e., more than $5000 (and less than $15000) at stake. (Smaller cases are brought in the Commercial or Small Claims part unless there are special circumstances. I'm being polite. A case in the "Big Boy" court for less than $5000 is usually smelly and I defend them on that basis.)

You're defending yourself probably because many lawyers have an inflated view of how much their time is worth. You would be surprised what can be done. I defend cases in the District and Civil Courts, many of which seek as little as $1000 in recoveries. It can be done economically. (I also have cases that I call my Poster Children; one is a plumber from Nome Alaska who's being sued in New York City Civil Court for $635.00 and another is a gift shop owner from Huntsville Alabama who's being sued for $247.00.) You can reach me through the Lawguru mail system or directly as [email protected].