[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Nassau County Supreme Court] [Address] [City, State, Zip] Re: Motion for Summary Judgment Case: [Case Name] Index No.: [Index Number] Dear [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing this letter as part of my representation of [Defendant/Plaintiff] in the aforementioned case. I am hereby submitting a Motion for Summary Judgment on behalf of my client. I. Introduction The purpose of this motion is to request the court to grant summary judgment in favor of [Defendant/Plaintiff] based on the lack of material facts in dispute and the law supporting our client's position. The following sections outline the relevant facts and legal arguments that support the granting of summary judgment. II. Background Provide a succinct summary of the case, outlining the parties involved, the main issues in dispute, and any pertinent background information. This section should give the judge a clear overview of the case and its complexities. III. Legal Standard for Summary Judgment Explain the legal standard for summary judgment in New York and Nassau County. Highlight the requirements set forth by the court for granting summary judgment and emphasize the burden of proof on the moving party. IV. Material Facts in Dispute Present a detailed and fair summary of the factual background of the case, acknowledging any facts that may be in dispute or contradicting parties' assertions. Emphasize the facts that are material to the resolution of the case and articulate how they support your client's position. V. Legal Arguments This section should consist of a comprehensive analysis of the relevant law and how it applies to the facts of the case. Cite legal precedents and statutes that support your client's position while undermining the opposing party's arguments. Articulate why, based on the applicable legal standards, summary judgment should be granted. VI. Conclusion Summarize the main points raised in the motion and reiterate why summary judgment should be granted in favor of your client. Request that the court grant the motion for summary judgment, accordingly resolve the case in favor of your client, and dismiss all claims against them. VII. Prayer for Relief Specify the specific relief sought from the court, e.g., granting summary judgment, dismissing all claims against your client, or any other appropriate relief. I kindly request that this Motion for Summary Judgment be considered at the earliest available date, as it is crucial in expediting the resolution of this matter. I have enclosed a copy of the proposed Order Granting Summary Judgment for your convenience. Thank you for your time and consideration of this matter. I have the utmost respect for the court's judgment and trust that you will carefully review the presented materials before rendering a decision. I would be more than willing to provide any additional information or clarify any points upon your request. Yours sincerely, [Your Name] [Your Law Firm's Name] [Bar Association Membership/ID Number]
Nassau New York Sample Letter for Motion for Summary Judgment
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Motions are not complicated though they may be unfamiliar. To write a motion, you should begin by looking at sample motions to get an understanding of the format....Title your motion. Compel a witness to give a deposition.Have the case dismissed.Ask for more time.
A motion for summary judgment (sometimes called an MSJ) is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party.
A motion asking the court to issue summary judgment on at least one claim. If the motion is granted, a decision is made on the claims involved without holding a trial.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.
Summary judgment is another way to resolve a lawsuit before trial. Such an application is brought where the plaintiff can prove that there is no reasonable defence to the claim, or the defendant can prove that the plaintiff has no reasonable claim against him or her.
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.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction. There are a variety of motions, and it has become standard practice to file certain kinds of motions with the court based on the type of case.
A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
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See:. In Allen, the Supreme Court held that a violation of Rule 56(h) was a sufficient basis for a court to exercise jurisdiction under the First Circuit's interpretation of the rule. Thus, the first paragraph of the petition filed by Mr. Allen was sufficient to satisfy Rule 56(h) since it identified the violation as the “practice of” an “employee in a position of trust or authority (Rule 508).” The district court's decision in this matter was thus properly reviewed by us.” So the district court's ruling was correct and consistent with its other rulings on this matter. And there you have it, ladies and gentlemen. A very straightforward and straightforward dismissal.
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