Legal Question in Intellectual Property in New York

Re: summary judgment

1. Is discovery required to stop while a motion for summary judgment is pending? No.

2. Partial summary judgment? No.

The parties can agree between themselves to suspend discovery activities until the motion(s) is(are) decided if they are fairly certain that they can resume discovery if the motion is decided against awarding (partial or complete) summary judgment and still meet the originally established discovery deadlines. However, no party wants to go to the judge to request an extension of discovery deadlines because they stopped discovery activity during the pendency of a motion for summary judgment or partial summary judgment.

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