Why is Summary Judgment So Difficult?; CPLR 3212

Summary judgment can be difficult for several reasons. Here are some of the main reasons:

1. Standard of proof: In order to obtain summary judgment, the moving party must convince the court that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. This is a high standard of proof, and requires the moving party to provide evidence that is so clear and convincing that no reasonable jury could find in favor of the opposing party.
2. Evidence: In order to obtain summary judgment, the moving party must present evidence that is admissible, relevant, and sufficient to meet the standard of proof. This can be difficult, as it may require the moving party to produce documents, expert testimony, or other evidence that is difficult to obtain or expensive to produce.
3. Interpretation of the law: Summary judgment requires the court to interpret the law and apply it to the facts of the case. This can be difficult, as different judges may have different interpretations of the law, and may apply it differently in different cases.
4. Discretion of the court: Even if the moving party meets the standard of proof and presents admissible, relevant, and sufficient evidence, the court still has discretion to deny summary judgment if it believes that there are genuine issues of material fact that should be resolved by a jury.

Overall, summary judgment can be difficult to obtain because it requires the moving party to meet a high standard of proof, present admissible and relevant evidence, interpret the law correctly, and convince the court to exercise its discretion in their favor.