Statement of Material Facts in New York: Drafting, Filing, and Risks

A statement of material facts in New York is a numbered list of the key facts a party relies on when moving for summary judgment, with each fact tied to a specific piece of evidence already in the record. The statewide rule that required one in every summary judgment motion, 22 NYCRR 202.8-g, was repealed effective July 7, 2025.¹ The document is still mandatory in Commercial Division cases when the court directs it under Rule 19-a, and any judge managing a summary judgment motion can order one in an individual case.

What the Document Is For

Summary judgment asks the court to decide a case without a trial because the evidence points only one way. The motion papers usually run to hundreds of pages: deposition transcripts, affidavits, contracts, expert reports. The statement of material facts strips that down to a numbered checklist of the facts the moving party says are undisputed, each one followed by a citation to the exhibit, transcript page, or affidavit paragraph that proves it. The other side responds point by point. The judge ends up with a side-by-side comparison showing exactly where the parties agree and where they fight, which is the whole question on summary judgment.

When You Need One Now

For most Supreme Court and County Court cases, the statement is no longer automatic. The repeal of 202.8-g eliminated the statewide uniform requirement, so you only file a statement of material facts if the assigned judge directs you to.¹ Judges retain broad case-management authority to order one, and many signal that preference in their individual part rules. Check those rules before you file.

Commercial Division cases are different. Rule 19-a independently authorizes the court to direct that a summary judgment motion include a numbered statement of the material facts the movant considers undisputed, each followed by a citation to supporting evidence.² Commercial Division judges routinely exercise that discretion, and treating the statement as expected rather than optional is the safer practice in those cases.

One carve-out matters: motions for summary judgment in lieu of a complaint under CPLR 3213, which cover actions on an instrument for the payment of money or on an existing judgment, are exempt from the statement requirement.³

How to Draft the Statement

Each fact goes in its own numbered paragraph, written in plain, declarative language. One event, one paragraph: “On March 14, 2024, the plaintiff signed the lease agreement attached as Exhibit A.” Don’t bundle multiple events into a single paragraph, and don’t argue why the fact matters. The statement is a factual skeleton, not a brief.

Every paragraph must end with a citation to evidence already submitted with the motion.² Vague references won’t do. Point to the exact page and line of a deposition, the specific paragraph of an affidavit, or the labeled exhibit. A judge reading paragraph 7 should be able to turn directly to the evidence and confirm the fact.

Only include facts that are material, meaning facts that could actually change the outcome. The date a contract was signed usually is. The color of the folder it was stored in isn’t. Padding the statement with trivia dilutes the strong points and tells the judge you’re reaching. Good statements read like a stripped-down timeline of the dispute.

In the Commercial Division, the movant must also share the statement in its original word-processing format on request so the respondent can build the counter-statement without retyping every paragraph.²

Responding With a Counter-Statement

If you’re opposing a motion that includes a statement, your opposition papers must include a counter-statement that tracks the movant’s format. Go through the numbered paragraphs one at a time, admitting or disputing each fact. In the Commercial Division, your document must reproduce the movant’s paragraph before your response so the judge sees both in a single filing.²

A denial without evidence is not a denial. If the movant says the plaintiff signed on March 14 and you believe it was March 21, you have to point to a deposition page, email, or exhibit that supports your date. “Denied” by itself is treated essentially the same as no response at all.

You can add new numbered paragraphs at the end of the counter-statement to raise additional material facts the movant left out.¹ This is where you tell your own side of the story instead of just reacting. The same drafting rules apply: short, factual, individually numbered, backed by citations.

The Deemed-Admitted Trap

Under Rule 19-a, every paragraph in the movant’s statement that the opposing party fails to specifically controvert is deemed admitted for purposes of the motion.² If the movant asserts ten facts and you respond to only seven, the court treats the other three as undisputed. If those three facts are enough to establish the movant’s case, you lose on summary judgment because you skipped a few paragraphs.

The rule reaches both facts you ignore and facts you dispute with nothing but a conclusory denial. “Plaintiff disputes paragraph 4,” with no citation to contrary evidence, is functionally silence. This is the single most common way parties give up ground on these motions, and it’s entirely preventable with disciplined paragraph-by-paragraph responses.

Filing Through NYSCEF

In courts that use electronic filing, the statement is submitted through the New York State Courts Electronic Filing system (NYSCEF).⁴ Upload it as its own document, separate from the motion papers and the memorandum of law, so the court docket shows a distinct entry.

Among parties participating in NYSCEF, filing through the system automatically constitutes service. Non-participating parties still need hard-copy service under the normal CPLR rules.⁴ Some judges also require paper “working copies” that mirror the electronic filing. Check the individual part rules; missing a working-copy requirement can delay a motion even when the e-filing was on time.

Consequences of Non-Compliance

When the court has directed a movant to file a statement and the movant doesn’t, the judge can adjourn the motion and order compliance, deny the motion without prejudice so the movant can refile with the required statement, or take whatever other action fits the situation.¹

The downside for a respondent who skips the counter-statement is sharper. After notice and a chance to cure, the court can deem every fact in the movant’s statement admitted. That hands the movant a clean factual record, and if those facts support judgment as a matter of law, the case is over. Some judges give a short window to fix the problem, but relying on that grace is a gamble.

Separately, filing a statement with false factual assertions, or filing one designed to harass or delay, can trigger monetary sanctions under 22 NYCRR 130-1.1. The court can order payment of the other side’s actual expenses and attorney’s fees, impose a financial penalty, or both, up to $10,000 per occurrence.⁵ Padding a statement with facts you know are unsupported, or denying clearly documented facts in a counter-statement without any evidentiary basis, is exactly the conduct that rule targets.

1
Legal Information Institute. New York Comp Codes R and Regs Tit 22 202.8-g – Motions for Summary Judgment; Statements of Material Facts
2
Legal Information Institute. New York Comp Codes R and Regs Tit 22 r 202.70.19-a – Motions for Summary Judgment; Statements of Material Facts
3
New York State Senate. New York Civil Practice Law and Rules Section 3213
4
New York State Unified Court System. NYSCEF Frequently Asked Questions
5
New York State Unified Court System. Part 130 Costs and Sanctions