New York Sample Letter for Response in connection with Motions for Summary Judgment

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0801LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Dear [Judge's Name], I hope this letter finds you well. I am writing in response to the motions for summary judgment filed by the opposing party in the case of [Case Name]. As per the Rules of Civil Procedure in the state of New York, I would like to present my arguments and evidence opposing the granting of such motions. Firstly, it is important to note that New York follows a system known as the summary judgment standard. Under this standard, a party is entitled to summary judgment if there is no genuine issue of material fact and the moving is entitled to judgment as a matter of law. Therefore, it is crucial to evaluate the facts and legal principles in a meticulous manner. In relation to the facts of this case, the opposing party has submitted documents and affidavits which they claim supports their position and warrants summary judgment in their favor. However, upon close examination, it becomes apparent that their evidence lacks credibility and fails to establish the absence of any genuine issues of material fact. Moreover, the opposing party has made several legal arguments that require further scrutiny. One of their main contentions is the application of a particular statute that they argue supports their position for summary judgment. However, upon legal research and analysis, it is clear that this statute is not applicable to the present case or does not provide grounds for summary judgment as they contend. It is also important to note that within New York, there are different types of motions for summary judgment, namely partial and complete motions. A partial motion seeks summary judgment on specific issues or certain claims, while a complete motion aims to dispose of the entire case. In our case, the opposing party has filed a complete motion for summary judgment, seeking a dismissal of the entire claim. In response to the complete motion for summary judgment, it is crucial to point out that our claim is supported by strong evidence and factual disputes that need to be resolved through a trial. The evidence we intend to present challenges the opposing party's claims and demonstrates that there are genuine issues of material fact that require a thorough examination in a trial setting. Additionally, it is essential to highlight the fact that summary judgment motions are typically not favored in situations where credibility issues, conflicting evidence, or complex legal principles are involved. Our case encompasses all these aspects, making it inappropriate to grant summary judgment without a full evaluation of the facts and arguments presented at trial. In conclusion, it is clear from the above arguments that the opposing party's motion for summary judgment lacks merit and should be denied. Our evidence, legal analysis, and the existence of genuine issues of material fact necessitate a trial to resolve the disputes and reach a just conclusion. I kindly request the court to carefully consider these arguments and deny the opposing party's motions for summary judgment. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]

Dear [Judge's Name], I hope this letter finds you well. I am writing in response to the motions for summary judgment filed by the opposing party in the case of [Case Name]. As per the Rules of Civil Procedure in the state of New York, I would like to present my arguments and evidence opposing the granting of such motions. Firstly, it is important to note that New York follows a system known as the summary judgment standard. Under this standard, a party is entitled to summary judgment if there is no genuine issue of material fact and the moving is entitled to judgment as a matter of law. Therefore, it is crucial to evaluate the facts and legal principles in a meticulous manner. In relation to the facts of this case, the opposing party has submitted documents and affidavits which they claim supports their position and warrants summary judgment in their favor. However, upon close examination, it becomes apparent that their evidence lacks credibility and fails to establish the absence of any genuine issues of material fact. Moreover, the opposing party has made several legal arguments that require further scrutiny. One of their main contentions is the application of a particular statute that they argue supports their position for summary judgment. However, upon legal research and analysis, it is clear that this statute is not applicable to the present case or does not provide grounds for summary judgment as they contend. It is also important to note that within New York, there are different types of motions for summary judgment, namely partial and complete motions. A partial motion seeks summary judgment on specific issues or certain claims, while a complete motion aims to dispose of the entire case. In our case, the opposing party has filed a complete motion for summary judgment, seeking a dismissal of the entire claim. In response to the complete motion for summary judgment, it is crucial to point out that our claim is supported by strong evidence and factual disputes that need to be resolved through a trial. The evidence we intend to present challenges the opposing party's claims and demonstrates that there are genuine issues of material fact that require a thorough examination in a trial setting. Additionally, it is essential to highlight the fact that summary judgment motions are typically not favored in situations where credibility issues, conflicting evidence, or complex legal principles are involved. Our case encompasses all these aspects, making it inappropriate to grant summary judgment without a full evaluation of the facts and arguments presented at trial. In conclusion, it is clear from the above arguments that the opposing party's motion for summary judgment lacks merit and should be denied. Our evidence, legal analysis, and the existence of genuine issues of material fact necessitate a trial to resolve the disputes and reach a just conclusion. I kindly request the court to carefully consider these arguments and deny the opposing party's motions for summary judgment. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]