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MMLU / After the close of the pleadings both plaintiff and defendant duly made motions…

Problem

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question

After the close of the pleadings both plaintiff and defendant duly made motions for summary judgment. Which of the following statements is correct?

choices

  1. Summary judgment can be entered only after all discovery has been completed.
  2. Motion for summary judgment is the proper motion on the ground that plaintiff's complaint fails to state a cause of action.
  3. Since both parties have filed summary judgment motions that assert there are no genuine issues of material fact, summary judgment for plaintiff or defendant will be granted.
  4. If plaintiff's proofs submitted in support of his motion for summary judgment are not contradicted and if plaintiff's proofs show that no genuine issue of material fact exists, summary judgment will be granted even if defendant's answer denied plaintiff's complaint.

subject

professional_law

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