Dear [Defendant's Name], I hope this letter finds you well. I am writing to respond to your recent motion for attorney's fees in the matter of [Case Name]. In this detailed description, I would like to address the issues raised in your motion and provide necessary evidence and legal arguments to counter your request for attorney's fees. Nassau County, located in the state of New York, is known for its vibrant community, beautiful landscapes, and rich historical heritage. As the plaintiff in this case, I believe it is important to emphasize the facts and circumstances of our dispute to give context to the court's decision regarding the award of attorney's fees. First and foremost, it is crucial to point out that your motion for attorney's fees is not supported by the prevailing legal standards and relevant court precedents. Our legal system only allows for the recovery of attorney's fees under specific circumstances, such as when they are statutorily authorized or contractually agreed upon. Since there is no contractual provision or applicable statute that entitles you to attorney's fees, it is imperative to dismiss your motion on this basis alone. Furthermore, it is essential to address the reasonableness of the fees you claim to have incurred during this litigation. As the plaintiff, I assert that the fees you are seeking are excessive, unnecessary, and not proportionate to the issues at hand. I urge the court to review the documentation you provided and consider the fact that some charges appear to be duplicative, irrelevant, or unreasonable. In light of this, I request the court to exercise its discretion in denying your motion for attorney's fees in its entirety. In addition to the lack of legal basis and the unreasonableness of your fees, it is crucial to address the substantive arguments you put forward in your motion. It is my contention that your arguments are without merit and solely intended to prolong the litigation process. I respectfully request the court to carefully scrutinize your claims and understand that they are, in fact, nothing more than an attempt to seek a tactical advantage. As such, I urge the court to see through these tactics and reject your motion for attorney's fees accordingly. Considering the aforementioned points, I respectfully request the court to deny your motion for attorney's fees in its entirety. I believe that the circumstances of this case do not warrant an award of attorney's fees, and your arguments lack sufficient legal grounds. I trust that the court will reach a just and equitable decision in this matter. Thank you for your attention to this matter and I look forward to the court's ruling. Yours sincerely, [Your Name] [Your Contact Information]
Nassau New York Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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FAQ
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
Write your answer Only tell the court that you agree, disagree or you do not know if the statement is true. Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement.
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.
Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. If you want the court to consider your legal defenses you MUST include them in your Answer. Therefore, any possible defense you might want the court to consider at trial should be in your Answer.
Overview. Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.
A letter motion is a letter to the judge that asks the court for relief. Written in the form of a letter, and not what might ordinarily look like a court-filed motion paper. It encapsulates what local practice has been in that district. And not every judge in the district will take letter motions.
An affirmative defense says, essentially, even if what you're saying is true, I'm not liable for reason XYZ. Examples of affirmative defenses include bankruptcy, statute of limitations and self-defense.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion. Some Judges will mail you a copy of the decision if you give them a self-addressed stamped envelope.
A. A notice of motion is the most common type of written motion and is governed by CPLR 2214(a), (b) and (c). In a "notice of motion" the moving party sets the date of the motion and serves a copy of the motion before its filed with the court.
