New York Sample Letter for Court Order Denying Motion to Dismiss Case

• Category: Letters - Legal - Complaints
• State: Multi-State
• Control #: US-0199LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Name] [Judge's Title] [County] County Court [Court Address] [City, State, ZIP] Re: Case No. [Case Number] [Plaintiff's Name] v. [Defendant's Name] Dear Honorable [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing this letter on behalf of [Plaintiff's Name] to address the recent motion to dismiss filed by the opposing party, [Defendant's Name]. I would like to bring to the court's attention the reasons why the motion to dismiss should be denied. Considering the applicable laws, precedents set by previous cases, and the specific circumstances of this case, we firmly believe that dismissal of this case would be inconsistent with the interests of justice and fairness. 1. Lack of Legal Merit: The motion to dismiss lacks legal merit as it fails to provide any substantial legal grounds for dismissal. As detailed in the pleadings, affidavits, and supporting documentation submitted by the plaintiff, it is clear that there are valid claims and causes of action that warrant the court's attention and a fair trial. 2. Sufficient Evidence: The plaintiff has presented substantial evidence supporting the allegations made in the complaint. Our client has diligently compiled relevant documentation, witness testimonies, and expert opinions to establish a prima facie case. These pieces of evidence should be evaluated during a trial rather than dismissed prematurely. 3. Compliance with Procedural Requirements: The plaintiff has fulfilled all procedural requirements, filing deadlines, and administrative formalities necessary to maintain this action. The complaint was properly served to the defendant, and all necessary filings have been submitted in accordance with the court's directives. It is important to note that the plaintiff has suffered significant damages due to the defendant's alleged actions. Granting the motion to dismiss would hinder our client's pursuit of justice and further delay the resolution of this matter. Denying the motion to dismiss will allow the case to proceed to the discovery phase, wherein additional evidence can be presented and evaluated. In light of the aforementioned arguments, we respectfully request that you deny the motion to dismiss filed by the defendant. Granting this request would ensure that both parties have a fair opportunity to present their case and allow the court to assess the evidence in a comprehensive manner. Thank you for your time and consideration. We trust that the court will weigh the merits of our arguments and make the appropriate decision in this matter. Sincerely, [Your Name] [Your Title, if applicable] [Law Firm Name, if applicable]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Name] [Judge's Title] [County] County Court [Court Address] [City, State, ZIP] Re: Case No. [Case Number] [Plaintiff's Name] v. [Defendant's Name] Dear Honorable [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing this letter on behalf of [Plaintiff's Name] to address the recent motion to dismiss filed by the opposing party, [Defendant's Name]. I would like to bring to the court's attention the reasons why the motion to dismiss should be denied. Considering the applicable laws, precedents set by previous cases, and the specific circumstances of this case, we firmly believe that dismissal of this case would be inconsistent with the interests of justice and fairness. 1. Lack of Legal Merit: The motion to dismiss lacks legal merit as it fails to provide any substantial legal grounds for dismissal. As detailed in the pleadings, affidavits, and supporting documentation submitted by the plaintiff, it is clear that there are valid claims and causes of action that warrant the court's attention and a fair trial. 2. Sufficient Evidence: The plaintiff has presented substantial evidence supporting the allegations made in the complaint. Our client has diligently compiled relevant documentation, witness testimonies, and expert opinions to establish a prima facie case. These pieces of evidence should be evaluated during a trial rather than dismissed prematurely. 3. Compliance with Procedural Requirements: The plaintiff has fulfilled all procedural requirements, filing deadlines, and administrative formalities necessary to maintain this action. The complaint was properly served to the defendant, and all necessary filings have been submitted in accordance with the court's directives. It is important to note that the plaintiff has suffered significant damages due to the defendant's alleged actions. Granting the motion to dismiss would hinder our client's pursuit of justice and further delay the resolution of this matter. Denying the motion to dismiss will allow the case to proceed to the discovery phase, wherein additional evidence can be presented and evaluated. In light of the aforementioned arguments, we respectfully request that you deny the motion to dismiss filed by the defendant. Granting this request would ensure that both parties have a fair opportunity to present their case and allow the court to assess the evidence in a comprehensive manner. Thank you for your time and consideration. We trust that the court will weigh the merits of our arguments and make the appropriate decision in this matter. Sincerely, [Your Name] [Your Title, if applicable] [Law Firm Name, if applicable]