A New York Notice of Motion is an official legal document used to start a lawsuit in the state of New York. This document is filed with the court and provides the other party with notice that the initiator of the lawsuit is seeking a certain type of relief from the court. It details the type of motion the initiator is filing, the reasons for filing the motion, and any supporting evidence that has been included. There are several types of New York Notice of Motion, including Motion for Summary Judgement, Motion to Dismiss, Motion for a Temporary Restraining Order, Motion to Change Venue, Motion to Vacate Judgement, and Motion for Reconsideration. Each type of motion requires a specific Notice of Motion form and accompanying documentation to be filed with the court.
New York Notice of Motion
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FAQ
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.
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 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.
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
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.
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.
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).