![]() Per the CPLR, a motion for summary judgment will be granted if there is no triable issue of fact and the issue can be resolved as a matter of law. The issue is whether Xxxx is liable as a landowner or landlord for injuries caused by defects of the premises. The court was incorrect in denying Xxxx'x motion for summary judgment. ![]() The summary judgment is not required to dispense with all issues before the court a partial summary judgment may be granted when a summary judgment on the entire case is not proper and a conventional trial is necessary as to some issues, but the court can limit those iss. The respective burdens in a summary judgment motion, filed by the party seeking enforcement of a premarital agreement, were set forth in Xxxxxxxx, 799 S.W.2d at 513, as follows: In a summary judgment context, when the movant is seeking to enforce a premarital agreement to which he is a party, such a presumption operates without evidence other than that of the existence and terms of the agreement to establish that there is not a genuine issue of material fact regarding the enforceability of the agreement. Because the statute governing enforcement of premarital agreements creates a rebuttable presumption that the agreement is enforceable, the party who seeks to set aside the premarital agreement bears the burden to prove that the agreement is unenforceable. A movant in summary judgment motion may have differing burdens as to what must be proven, however, depending upon whether he is the claimant or defendant in the underlying case. ![]() A movant must show that there are no genuine issues of material fact, and that the movant is entitled to judgment as a matter of law. Texas courts have expressed a desire to eliminate patently unmeritorious claims through summary judgment procedures. Rule 166a of the Texas Rules of Civil Procedure provides that summary judgment “shall be rendered forthwith if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the issues expressly set out in the motion.” TEX. 1991)(summary judgment, holding that premarital agreement was enforceable, affirmed by the Texas Supreme Court). Summary judgment is the optimal method by which to test an agreement for unconscionability early in the game. Summary Judgment. As previously mentioned, in Xxxxxxxxx, 831 S.W.2d at 472, the Houston Fourteenth Court of Appeals stated that it was the better practice for the trial court to determine early in the proceedings whether an agreement is unconscionable. However, if the extrinsic evidence is " contested or contradictory," there is a material dispute of fact and "summary judgment will not lie." Id. "If the extrinsic evidence is 'so one-sided that no reasonable person could decide the contrary,' the meaning of the language becomes evident" and summary judgment is appropriate. Telefunken Semiconductors Am., LLC, 797 F.3d 33, 38 (1st Cir. If the contract is ambiguous, "the court must ask whether the extrinsic evidence reveals a genuine issue of material fact regarding the meaning of the ambiguous language." Mason v. In a contract dispute, "ummary judgment is appropriate when plain terms unambiguously favor either side." Farmers Ins. The record should not, however, be scrutinized piecemeal rather, it must be " taken as a whole." Matsushita Elec. ![]() In making this determination, the court must "constru the record in the light most favorable to the non-moving party." Xxxxxxx x. A factual dispute is "genuine" if "' the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Xxxxxxxx x. Puerto Rico Ports Auth., 515 F.3d 20, 25 (1st Cir. Rule 56(a) provides that the court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." A fact is "material" if, in light of the relevant substantive law, "it has the potential of determining the outcome of the litigation." Maymi v. Summary Judgment. Federal Rule of Civil Procedure 56 allows a party to move for judgment on all or part of a claim or defense at issue in a case. ![]()
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