Permanent Injunction Order With Motion To Dismiss In Bronx
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FAQ
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
There, after a thorough analysis of relevant legislative histories, the Harris Court concluded that because a motion to dismiss is not a responsive pleading, a notice of discontinuance is not untimely when served after the filing of motion to dismiss.
One of the more common responsive pleadings is a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which can be asserted by any party against whom a claim is asserted.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
Common grounds for a motion to dismiss in New York include: – Lack of subject matter jurisdiction: The court does not have the authority to hear the case. – Lack of personal jurisdiction: The court does not have power over the defendant.
A: In California, after filing an answer to a complaint, you generally cannot file a motion to dismiss in the same way you could before filing an answer.
A Motion to Dismiss is a responsive pleading. An answer is not required until and if the Motion to Dismiss is not granted. I have never heard of a notice of discontinuance but if you care to dismiss your case you can file a Dismissal.
Write a short and clear introduction. Draft a factually accurate narrative. Know the standard that must be met and craft an explanation of the standard. Use the most persuasive components of the relevant law. Apply the law to the facts in a convincing and credible manner. Conclusion.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
