A New York Affidavit in Opposition and Support of Cross Motion is a legal document used in the state of New York. It is a sworn statement made by a party in a lawsuit in response to a motion made by the opposing side. This affidavit is used to oppose the motion and provide evidence and arguments in support of the party's own motion. The New York Affidavit in Opposition and Support of Cross Motion must be signed and notarized in order to be legally binding. There are two types of New York Affidavit in Opposition and Support of Cross Motion: an affidavit in opposition to a motion and an affidavit in support of a motion. An affidavit in opposition to a motion states the reasons why the opposing party should not be granted the relief they are requesting. An affidavit in support of a motion provides evidence and arguments in support of the party's own motion and why they should be granted the relief they are requesting.
New York Affidavit in Opposition and Support of Cross Motion
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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.
The Affidavit in Opposition -or- Notice of Cross Motion. If the non moving party simply opposes the motion, they file an affidavit in opposition. If the non moving party wants to request affirmative relief in their favor, they file a cross motion.
CPLR 3212(g) reads, ?If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible.
A cross motion is ?merely a motion by any party against the party who made the original motion, made returnable at the same time as the original motion? (Patrick M. Connors, Practice Commentaries, McKinney's Cons. Laws of N.Y., Book 7B, CPLR C22; see CPLR 2215).
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.
Definition. A cross-motion is filed by a defendant to add a new claim against the plaintiff in a court case.
Cross-mo·?tion. ?kr?s-?m?-sh?n. : a motion that attempts to counter a similar motion filed by an opposing party. after the plaintiffs moved to recuse his counsel, the defendant filed a cross-motion to disqualify theirs.
An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should be granted. The movant can file as many affidavits from as many people that he or she thinks will help the Judge decide to do what he or she wants.