Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment

State:
Multi-State
County:
Nassau
Control #:
US-00922BG
Format:
Word; 
Rich Text
Instant download

Description

Generally, a motion for summary judgment is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. The affidavit or declaration should recite all the material facts and show that the affiant would be competent to testify to the facts stated in the affidavit.


This form is a generic example of an affidavit of the defendant in support of his motion for summary judgment.

The Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document used in the Nassau County court system to support a defendant's motion for a summary judgment. This affidavit is crucial in providing essential evidence and arguments to persuade the court to rule in favor of the defendant without going to trial. In a Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment, the defendant outlines the relevant facts of the case, presenting them in a clear and organized manner. This includes a detailed overview of the events leading up to the lawsuit, any relevant legal precedents, and supporting facts or evidence that demonstrate there are no genuine issues of material fact for trial. Keywords: Nassau New York, Affidavit, Defendant, Supporting Motion, Summary Judgment, legal document, Nassau County court system, evidence, arguments, trial, facts. In addition to the general Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment, there might be other specific types depending on the nature of the case. Here are a few examples: 1. Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment — Personal Injury Case: This affidavit focuses on providing evidence to establish that the plaintiff's injuries were not caused by the defendant's negligence or wrongdoing. It may include medical reports, expert opinions, eyewitness testimonies, or any other relevant evidence to highlight the lack of legal liability. 2. Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment — Contract Dispute: In this type of affidavit, the defendant presents evidence, such as communication records, contract agreements, or written correspondences, to demonstrate that they have fully complied with the terms of the contract. The defendant aims to show the court that there is no genuine issue of material fact and that judgment should be granted in their favor. 3. Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment — Employment Discrimination Case: This affidavit addresses allegations of employment discrimination by the plaintiff. The defendant provides evidence, such as company policies, performance records, witness statements, or any relevant documents, to counter the plaintiff's discrimination claims and argue for summary judgment. It's crucial to consult with a qualified attorney to determine the specific requirements and content needed for each type of affidavit in the Nassau County court system.

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FAQ

A plaintiff must move for leave to enter a default judgment within one year of the defendant's default in appearance absent good cause for delay in seeking that relief (CPLR 3215(c)).

On a motion for summary judgment, each party must put their best foot forward in relation to the material issues. This means that both the moving party and responding party are required to present their best evidence about the claim(s) or defence(s) in issue.

File the Motion Papers File in the Motion Support Office of the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY, 11501, Room 186: The motion papers, with proof of service, at least five business days before the original return date.

Nassau County Supreme Court. Expanded mandatory program to include all civil actions and proceedings, (except those specified), to be electronically filed, effective December 22, 2021. This measure was adopted on December 22, 2021, with an effective date of December 22, 2021.

- If the need arises to file an emergency Order to Show Cause while waiting for the matter to be converted, you can contact the County Clerk's Office to ask for expedited processing (516-571-2660). - All motions and Orders to Show Cause shall be efiled through NYSCEF.

Answering a Summons and Complaint. The time to answer the summons and complaint is either 20 or 30 days, depending on how you got the papers: 20 days - if the summons was given to you by personal (in hand) delivery. 30 days - if the summons was given to you in any other way.

Making Timely Application for Summary Judgment In New York, a party may move for summary judgment any time after issue has been joined, meaning after service of a responsive pleading. Courts can set a dateno earlier than 30 days after the note of issue is filedby which summary judgment motions must be made.

Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. You just studied 13 terms!

In essence, the amendment to Rule 32 of the Uniform Rules prescribes that a plaintiff can now only apply for summary judgment after the defendant has filed a plea and not after the delivery of a notice to defend.

More info

Upon the following papers read on Plaintiffs motion seeking summary judgment regarding liability and other relief: Plaintiffs Notice of Motion;. Statements of Material Facts on Motion for Summary Judgment .Affidavit in Opposition to CrossMotion (Seq. TO DEFENDANT SAINT VINCENT'S MOTION FOR PARTIAL DISMISSAL AND IN. SUPPORT OF PLAINTIFF'S CROSSMOTION FOR PARTIAL SUMMARY JUDGMENT. 49, exhibits in support at Doc. 50). JAMIE MICHELLE BRODERICK, as Guardian of the Person and Property of AVIS JOY. KRAMER,. Plaintiff,. This fact sheet sets out information for the claimant and defendant. What is Summary Judgment? And the crossmotion (Mot. Seq.

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Nassau New York Affidavit of Defendant Supporting Motion for Summary Judgment