If parties have material facts in dispute in contract litigation, the Court cannot grant summary judgment. Summary judgment is when the Court rules in the requesting party’s favor based on the law and facts not in dispute. When granted, it cuts short and ends litigation. However, it is difficult to obtain summary judgment early in litigation because material facts are usually in dispute. See Yezzi Associates, L.L.C. v Brick Township Board of Education, App. Div. July 2010 #11-2-8658).
Gabrielle L. Strich, Esq.
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