(h) Affidavit or Declaration Submitted in Bad Faith. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact - including an item of damages or other relief - that is not genuinely in dispute and treating the fact as established in the case. (g) Failing to Grant All the Requested Relief. (3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute. (2) grant the motion on grounds not raised by a party or (1) grant summary judgment for a nonmovant After giving notice and a reasonable time to respond, the court may: (3) grant summary judgment if the motion and supporting materials - including the facts considered undisputed - show that the movant is entitled to it or (2) consider the fact undisputed for purposes of the motion (1) give an opportunity to properly support or address the fact If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may: (e) Failing to Properly Support or Address a Fact. (2) allow time to obtain affidavits or declarations or to take discovery or (1) defer considering the motion or deny it If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (d) When Facts Are Unavailable to the Nonmovant. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. The court need consider only the cited materials, but it may consider other materials in the record. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (2) Objection That a Fact Is Not Supported by Admissible Evidence. (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials or

A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery. The court should state on the record the reasons for granting or denying the motion. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

A party may move for summary judgment, identifying each claim or defense - or the part of each claim or defense - on which summary judgment is sought. (a) Motion for Summary Judgment or Partial Summary Judgment.

New york bill of particular pleading