The New York Reply Affidavit (CIV-GP-123) is a sworn statement filed in response to a complaint in a New York Supreme Court civil action. The affidavit is used to deny the allegations made in the complaint and state any affirmative defenses that the defendant has. Affirmative defenses are facts that, if proven true, would justify a dismissal of the complaint. There are three types of New York Reply Affidavit (CIV-GP-123): a general reply affidavit, a special reply affidavit, and an answer and counterclaims. The general reply affidavit denies the allegations made in the complaint without providing any affirmative defenses. The special reply affidavit denies the allegations made in the complaint and also sets forth any affirmative defenses that may be applicable. The answer and counterclaims deny the allegations made in the complaint, as well as set forth any counterclaims that the defendant may have against the plaintiff.
New York Reply Affidavit (CIV-GP-123)
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Cross Motions CPLR §2215 a. At least three days before the time the motion is noticed to be heard, or seven days prior if such time demand has been made by the movant per §2214(b) a party may serve upon the moving party a notice of cross-motion.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
You may call the clerk at 646-386-5609 or go to their office in person to check on it if you don't hear from them. If you are able to waive the fees, you might be able to also get free certified copies of your name change, but there's no guarantee. If you can afford this fee, go to the cashier on the 2nd floor to pay.
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Service is finished 10 days after the filing and the defendant's time to Answer starts to run.
Pursuant to CPLR 2214(b), any answering affidavits, and any notice of cross-motion and accompanying papers, are required to be served upon the undersigned at least seven days before the return date of this motion.
If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.