This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Compromise And Release In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000297
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.
If a Transcript of Judgment has been filed with the County Clerk, once the Debtor pays off the Judgment, the Creditor has a legal responsibility to prepare and sign a Satisfaction of Judgmentfor the benefit of the Debtor, so that all liens and record of Judgment can be removed from the County Clerk's office.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Any party may file the note of issue after issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21.
Definition: RJI is an abbreviation for “Request for Judicial Intervention.” It's a form that is filed by either a plaintiff or defendant sometime after the summons and complaint is served on the defendant in a civil case. Filing Effect: When an RJI is filed, the civil case is assigned to a judge.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Once an RJI is filed with the Court, the matter will be scheduled for a Preliminary Conference either before a Judge or a Court Attorney Referee. The time to get a Preliminary Conference date depends on the County but generally is 30-45 days unless there is an emergency issue.
There shall be a response (a reply) to a counterclaim designated as such and to a cross claim (an answer) if the cross claim contains a demand therefor. unrepresented. A copy of the answer must be served upon the plaintiff's attorney or upon an unrepresented plaintiff and upon all other parties.
Tit. 22 § 202.7 - Calendaring of motions; uniform notice of motion form; affirmation of good faith | State Regulations | US Law | LII / Legal Information Institute.
More info
The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.In the alternative, defendant requests that the Petition be treated as a Petition to Set Aside the. If a party wishes to set aside a settlement agreement, he or she must file a motion to set aside the settlement, setting out the reasons for the relief sought. The fastest way to see if you qualify for free legal assistance in a housing matter is to call The Legal Aid Society neighborhood office in your borough. • Identify if the setaside is paid out as a lump sum or an annuity. If the set-aside is paid out as an annuity, identify the following:. Use the table below to help identify the forms that you need to complete when filing a compromise and release. Article 81 also fills the gap in New York law for persons who require assistance but not the drastic remedy of a guardian. After reviewing and signing the final Section 32 Waiver Agreement, claimant must complete this document.