Judgment Note Form For Summary In Queens
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motion is a motion made against the moving party returnable at the same time and place as the pending motion. Like any motion, a crossmotion is deemed made when the notice of crossmotion is served, not when the original motion is made. § 249. CrossMotion, Siegel, N.Y.
The Summary Judgment Standard The court will deny summary judgment if any party shows “facts sufficient to require a trial on any issue of fact” unless the case qualifies for immediate trial. Motions for summary judgment in New York state court follow a burden-shifting approach.
Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.
Summary judgment will be granted if, upon all the papers and proof submitted, the cause of action or defense is established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
A cross motion for summary judgment made after the expiration of the statutory 120-day period may be considered by the court, even in the absence of good cause, where a timely motion for summary judgment was made seeking relief “nearly identical” to that sought by the cross motion (Fahrenholz v Security Mut. Ins.
As per CPLR 3212(b), a motion for summary judgment must be supported by an affidavit. This affidavit should be from someone with knowledge of the facts, recite all material facts, and demonstrate the absence of a defense or the lack of merit in a cause of action or defense.
In short, you can't go wrong with “judgment.” Adding the extra “e” is a no-no in all U.S. legal proceedings and legal documents, and even runs afoul of U.S. dictionaries. However, the longer version is also accepted as standard in non-legal writing.
Consequently, a good judgement should: (a) Set out the nature of the action; (b) Set out the issue in controversy; (c) Review the case for the parties; (d) Consider the applicable law and cases; and (e) Make specific findings of fact and conclusion and gives reason for arriving at the decisions.
