Bronx New York Motion for Summary Judgment

State:
Multi-State
County:
Bronx
Control #:
US-60929
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Word; 
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Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.

Bronx New York Motion for Summary Judgment is a legal procedure seeking a court's decision without going to trial. This motion is commonly used in Bronx, New York, to expedite the resolution of civil cases. A motion for summary judgment asks the court to determine if there are sufficient grounds to support a lawsuit’s claims or defenses, based on the evidentiary record. The types of Bronx New York Motion for Summary Judgment include: 1. Plaintiff's Motion for Summary Judgment: A plaintiff can file this motion to request the court to rule in their favor if the evidence presented demonstrates that there are no genuine issues of material fact. The plaintiff needs to show that they are entitled to judgment as a matter of law based on the available evidence. 2. Defendant's Motion for Summary Judgment: Conversely, a defendant can file this motion arguing that the plaintiff's claims lack merit, and there are no genuine issues of material fact requiring a trial. By presenting evidence, the defendant aims to convince the court to rule in their favor, dismissing the case. 3. Cross-Motion for Summary Judgment: This type of motion can be filed by either party in response to an opposing party's initial motion for summary judgment. With a cross-motion, the opposing party essentially asks the court to dismiss the original motion and grant summary judgment in their favor instead. 4. Motion for Partial Summary Judgment: This motion seeks to resolve only specific claims or issues within a lawsuit, rather than the entirety of the case. Parties typically file this motion when some claims or issues can be decided without further trial proceedings. When filing a Bronx New York Motion for Summary Judgment, it is crucial to carefully craft the motion, attaching supporting documents, affidavits, and evidence that clearly establish the absence of genuine issues of material fact. The moving must demonstrate that judgment should be granted as a matter of law, based on the legal and factual arguments presented. If the court grants a motion for summary judgment, it means that the case will be resolved without a trial, either by dismissing some or all claims, entering judgment in favor of one party, or determining liability. However, if the court denies the motion, the case will proceed to trial, where the issues will be resolved through litigation.

Bronx New York Motion for Summary Judgment is a legal procedure seeking a court's decision without going to trial. This motion is commonly used in Bronx, New York, to expedite the resolution of civil cases. A motion for summary judgment asks the court to determine if there are sufficient grounds to support a lawsuit’s claims or defenses, based on the evidentiary record. The types of Bronx New York Motion for Summary Judgment include: 1. Plaintiff's Motion for Summary Judgment: A plaintiff can file this motion to request the court to rule in their favor if the evidence presented demonstrates that there are no genuine issues of material fact. The plaintiff needs to show that they are entitled to judgment as a matter of law based on the available evidence. 2. Defendant's Motion for Summary Judgment: Conversely, a defendant can file this motion arguing that the plaintiff's claims lack merit, and there are no genuine issues of material fact requiring a trial. By presenting evidence, the defendant aims to convince the court to rule in their favor, dismissing the case. 3. Cross-Motion for Summary Judgment: This type of motion can be filed by either party in response to an opposing party's initial motion for summary judgment. With a cross-motion, the opposing party essentially asks the court to dismiss the original motion and grant summary judgment in their favor instead. 4. Motion for Partial Summary Judgment: This motion seeks to resolve only specific claims or issues within a lawsuit, rather than the entirety of the case. Parties typically file this motion when some claims or issues can be decided without further trial proceedings. When filing a Bronx New York Motion for Summary Judgment, it is crucial to carefully craft the motion, attaching supporting documents, affidavits, and evidence that clearly establish the absence of genuine issues of material fact. The moving must demonstrate that judgment should be granted as a matter of law, based on the legal and factual arguments presented. If the court grants a motion for summary judgment, it means that the case will be resolved without a trial, either by dismissing some or all claims, entering judgment in favor of one party, or determining liability. However, if the court denies the motion, the case will proceed to trial, where the issues will be resolved through litigation.

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FAQ

A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.

The judge can make the decision immediately or "reserve" decision and decide at a later time, but within 60 days. If the judge grants your motion, the judge will issue an order.

Once you receive a notice of motion, the legal process has begun. You need to act immediately and seek legal advice and assistance. You should seek legal advice immediately.

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.

Motion papers must be served on all the parties. The person serving the papers must fill out an Affidavit of Service, which must be filed together with the motion papers to place the motion on the court's calendar. A party served with motion papers may prepare papers to oppose the motion.

RJI/Motions shall be made returnable in Queens Supreme Court with no address designated. The motion will be administratively rescheduled to the proper day of the week based on the judge (once a judge has been assigned).

An answer to a motion is a written response to the motion by the opposing party. The opposing party may include a request for a hearing, if the opposing party wants a hearing and the moving party did not already make the request. An answer to motion is made up of a set of documents, including: Answer brief; and.

The redelivery of a writ, notice, or other form of legal process to the court after its proper service on the defendant or after it cannot be served. For example, the Federal Rules of Civil Procedure require a plaintiff to begin an action in federal court by preparing a complaint and giving it to the court.

If the non moving party wants to request affirmative relief in their favor, they file a cross motion. The cross motion acts as both an affidavit in opposition to the motion in chief and in support of the cross motion. An affidavit in opposition is the opposition papers filed by the non moving party.

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A summary judgment motion requires that the response be filed at least 10 days before the return date. The motion for a default judgment cannot exceed the amount or differ in the type of relief demanded in the complaint or summons with notice (CPLR 3215(b)).The judges of the Commercial Division generally hold to the policy prohibiting the consideration of successive summary judgment motions. This guide provides general information for New Yorkers who are facing debt collection lawsuits in the New York City civil courts. 3. On ______, E filed a Cross-Motion for Summary Judgment and Support of Cross-Motion to transfer the E v. Statements of Material Facts: Under new Rule 202. After you finish filling out your petition, bring it to the court clerk. Bronx Zoo Director Jim Breheny files a supplemental affidavit. Includes orders to show cause, affidavit of service, affirmation, appellant's brief, notice of appeal and notice of motion. (b) Time to File a Motion.

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Bronx New York Motion for Summary Judgment