Injunctive Relief Without Proof Of Damages In Bronx
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The party seeking a preliminary injunctive relief must demonstrate: Irreparable injury in the absence of such an order; That the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order ; That the injunction is not adverse to public interest; and.
The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount. It has jurisdiction of real property actions, such as partitions, and foreclosures, within the monetary limit.
Common grounds for a motion to dismiss in New York include: – Lack of subject matter jurisdiction: The court does not have the authority to hear the case. – Lack of personal jurisdiction: The court does not have power over the defendant.
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.
Claims for more than $10,000.00 may not be brought in Small Claims Court. They must be started in the Civil Part of the court or in a different court.
When Is Discovery Available? In New York Supreme Court actions (other than actions in the Commercial Division) discovery is generally available after the defendant interposes its answer. If the defendant serves a pre-answer motion to dismiss, however, then discovery is generally stayed until that motion is decided.
Complete, sign, and make two copies of the original State complaint form posted below. Send the original State complaint form to the New York State Education Department (NYSED), Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, NY 12234, Attention: State Complaints.
To commence an e-filed action or special proceeding, a summons and complaint or summons with notice in an action, or a petition in a special proceeding shall be filed with the County Clerk through NYSCEF by uploading the documents to the NYSCEF site in PDF-A format.
The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.
The New York Rules of Civil Procedure limit what information can be obtained through discovery in cases. Only relevant information that is not privileged can be discovered in New York civil cases. Relevant information includes anything that can help prove a fact or inference in a case.
