Legal Question in Civil Litigation in New York
can i win a summary judgement if a defendant does not file a counterclain
Asked on 4/15/10, 1:10 pm
1 Answer from Attorneys
Jason Kessler
Law Offices of Jason B. Kessler, P.C.
Not necessarily. The question is whether there is a triable issue of fact. The fact that the defendant does not oppose your motion is good. But, that does not necessarily mean that you will win. You should also know that judge's hate summary judgment and the law favors the "non-movant".
Answered on 4/20/10, 1:18 pm
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