Before Trial: If a party believes that the law is clearly on their side and there are no factual disputes, they might file a motion for summary judgment to avoid the uncertainties and expenses of a trial.After Discovery: Once the discovery phase (where both sides exchange information and evidence) is complete, a party might feel they have enough evidence to show there's no genuine dispute of material fact.Strategic Considerations: While the CPLR provides a framework, the actual decision to file a motion for summary judgment often hinges on strategy.This date cannot be earlier than thirty days after filing the note of issue. Court-Set Date: The court may set a specific date after which no motion for summary judgment can be made.
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