A New York Notice of Motion is a legal document that is used to initiate a court proceeding in the state of New York. It is a written request to the court, submitted by the party bringing the motion, to take a certain action. The notice must include specific details about the motion and the relief requested. It must also be served on all parties involved in the action. There are three types of New York Notice of Motion: (1) Order to Show Cause, (2) Motion to Dismiss, and (3) Motion for Summary Judgment. An Order to Show Cause is a request for the court to determine whether an action should be taken based on the facts presented. A Motion to Dismiss is a request for the court to dismiss a case due to a lack of legal basis. A Motion for Summary Judgment is a request for the court to render a decision based on the facts presented without a trial.
New York Notice of Motion
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FAQ
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.
In a motion for summary judgment one side asks the court to decide the case based on arguments made in court papers. The moving side argues that there are no facts in dispute and a judgment should be granted without a trial.
CPLR 3213. When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint.
A motion for summary judgment is a request made by a party asking the court to decide all or part of a lawsuit without going to trial because there's no dispute about the key facts of the case. The party making the motion (called the ?movant?) can be the plaintiff or the defendant.
In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement