Judges and attorneys have strong views on the value of and need for Commercial Division Rule 19-a Statements, but they are here to stay, and drafting them is both an “art and science.” As judges take them seriously, Rule 19-a Statements should be well-thought out in advance.
They need to be organized, “crisp” in the recitation of each undisputed fact, and properly cited to supporting documents in furtherance of or in opposition to the motion for summary judgment. This is true even if the Rule 19-a Statement is completed last in the drafting process or earlier if the motion court requires it to be a “joint submission.”
Commercial Division Rule 19-a requires that, upon the direction of the court, movants for summary judgment in cases before it (except motions made pursuant to CPLR 3213) must annex a Statement of Material Facts to their notice of motion. When directed to annex a Rule 19-a Statement, the moving parties must set forth, in numbered paragraphs, concise statements “of the material facts as to which the moving party contends there is no genuine issue to be tried.”
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