There are different ways lawyers can get a case thrown out of court.
One procedure, known as a "motion for summary judgment," is a written request made to a judge to end the dispute based solely on the written arguments (and other submissions) that are presented to the court by the respective parties.
If there are no contested issues of fact which would warrant a formal hearing or trial, the case may come to an abrupt end. If "genuine issues" are left unresolved or unanswered by the parties' papers, the desired relief will be denied and the case will proceed to trial.
Of course, since the process is riddled with technicalities, these motions have been lost as a result of a party's failure (or inability) to comply with the governing requirements.
By way of example, in Dorsey v Les Sans Culottes , Susan Dorsey slipped on a mat in the defendant's restaurant. Although the New York County Supreme Court had granted the restaurant's motion to dismiss the case (on the grounds the establishment neither created nor had notice of the condition), the Appellate Division, First Department, reversed and reinstated the case on appeal.
While the restaurant's motion was supported by the proprietor's sworn testimony, there was a slight problem with that submission: The guy wasn't even in the country when the accident occurred. Since he was in France on the night in question, the owner's statements as to what transpired (and whether or not anything was spilled or the floors were cleaned) were found to lack evidentiary competency.
Because the motion was not supported by an affidavit made by someone with first-hand knowledge of what occurred, the request to end the case could not be granted.
Seems to us like this defendant was caught with its pants down.
For a copy of the Appellate Division's decision, please use this link: Dorsey v Les Sans Culottes