Granting Plea For Purging In Nassau
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FAQ
Under Rule 56.1, the non-movant has an obligation to assist the court in deciding the motion for summary judgment by providing a counter-statement of material facts in numbered paragraphs that directly respond to the moving party's statement of material facts.
Typically there's no specific format required, and you don't have to indicate or explain your defenses – you simply can state that you plead not guilty, just as you would if you attended an arraignment in person.
Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
Rule 56.1 Statement. Along with the required pre-motion conference request, any party seeking leave to file a motion for summary judgment must also file a Local Rule 56.1 Statement. Each numbered paragraph in the Rule 56.1 Statement must contain only one factual assertion.
HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.