January 31, 2022

Pre-joinder summary judgment.

The rule barring a pre-joinder motion for summary judgment is strictly applied, and so a motion for summary judgment brought before a defendant has answered the complaint is premature and must be denied.

SHG Resources, LLC v. SYTR Real Estate Holdings LLC, NY Slip Op 00525 (1st Dep't January 27, 2022)

Here is the decision.