New York Motion For More Definite Statement
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FAQ
A motion for judgment on the pleadings seeks a ruling based on the pleadings alone, assuming all allegations in the opposing party's pleadings are true. In contrast, a motion to dismiss argues that even if the allegations are true, there are no legal grounds to proceed. Understanding the distinctions between these motions, including the use of a New York motion for a more definite statement, helps develop a strategic approach in legal proceedings. Each motion addresses different aspects of the pleadings.
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that ?utterly refute? allegations in a complaint, but it is not boundless.
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 date?no earlier than 30 days after the note of issue is filed?by which summary judgment motions must be made.
If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response he may move for a more definite statement. (b) Scandalous or prejudicial matter. A party may move to strike any scandalous or prejudicial matter unnecessarily inserted in a pleading.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
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 date?no earlier than 30 days after the note of issue is filed?by which summary judgment motions must be made.