Rule 3212. Motion for summary judgment. (a) Time; kind of action. Any\nparty may move for summary judgment in any action, after issue has been\njoined; provided however, that the court may set a date after which no\nsuch motion may be made, such date being no earlier than thirty days\nafter the filing of the note of issue. If no such date is set by the\ncourt, such motion shall be made no later than one hundred twenty days\nafter the filing of the note of issue, except with leave of court on\ngood cause shown.\n (b) Supporting proof; grounds; relief to either party. A motion for\nsummary judgment shall be supported by affidavit, by a copy of the\npleadings and by other available proof, such as depositions and written\nadmissions. The affidavit shall be by a person having knowledge of the\nfacts; it shall recite all the material facts; and it shall show that\nthere is no defense to the cause of action or that the cause of action\nor defense has no merit. Where an expert affidavit is submitted in\nsupport of, or opposition to, a motion for summary judgment, the court\nshall not decline to consider the affidavit because an expert exchange\npursuant to subparagraph (i) of paragraph (1) of subdivision (d) of\nsection 3101 was not furnished prior to the submission of the affidavit.\nThe motion shall be granted if, upon all the papers and proof submitted,\nthe cause of action or defense shall be established sufficiently to\nwarrant the court as a matter of law in directing judgment in favor of\nany party. Except as provided in subdivision (c) of this rule the motion\nshall be denied if any party shall show facts sufficient to require a\ntrial of any issue of fact. If it shall appear that any party other than\nthe moving party is entitled to a summary judgment, the court may grant\nsuch judgment without the necessity of a cross-motion.\n (c) Immediate trial. If it appears that the only triable issues of\nfact arising on a motion for summary judgment relate to the amount or\nextent of damages, or if the motion is based on any of the grounds\nenumerated in subdivision (a) or (b) of rule 3211, the court may, when\nappropriate for the expeditious disposition of the controversy, order an\nimmediate trial of such issues of fact raised by the motion, before a\nreferee, before the court, or before the court and a jury, whichever may\nbe proper.\n (e) Partial summary judgment; severance. In a matrimonial action\nsummary judgment may not be granted in favor of the non-moving party. In\nany other action summary judgment may be granted as to one or more\ncauses of action, or part thereof, in favor of any one or more parties,\nto the extent warranted, on such terms as may be just. The court may\nalso direct:\n 1. that the cause of action as to which summary judgment is granted\nshall be severed from any remaining cause of action; or\n 2. that the entry of the summary judgment shall be held in abeyance\npending the determination of any remaining cause of action.\n (f) Facts unavailable to opposing party. Should it appear from\naffidavits submitted in opposition to the motion that facts essential to\njustify opposition may exist but cannot then be stated, the court may\ndeny the motion or may order a continuance to permit affidavits to be\nobtained or disclosure to be had and may make such other order as may be\njust.\n (g) Limitation of issues of fact for trial. If a motion for summary\njudgment is denied or is granted in part, the court, by examining the\npapers before it and, in the discretion of the court, by interrogating\ncounsel, shall, if practicable, ascertain what facts are not in dispute\nor are incontrovertible. It shall thereupon make an order specifying\nsuch facts and they shall be deemed established for all purposes in the\naction. The court may make any order as may aid in the disposition of\nthe action.\n (h) Standards for summary judgment in certain cases involving public\npetition and participation. A motion for summary j
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