On May 30, 2025, Justice Reed of the New York County Commercial division issued a decision in Batneft Co. v. Commerja-X Corp., 2025 NY Slip Op. 50900(U), denying a motion for summary judgment under CPLR 3212 because it was made before the defendant answered, explaining:
Plaintiff’s motion for summary judgment is premature and must be denied. According to CPLR 3212 (a), a party may move for summary judgment in any action after issue has been joined. Here, defendants have not answered the summons and complaint, and have not answered or otherwise responded to the amended complaint. A motion for summary judgment cannot be made until after issue is joined. This requirement is strictly adhered to.
(Internal quotations and citations omitted).