New York Affidavit In Opposition And Cross Motion is a legal document that is used when an individual or business wishes to oppose a motion or cross-motion filed with a court. It is typically used when a party is responding to a motion or cross-motion that is already pending before the court. The document serves to provide the court with a written statement of the positions of the parties in the case, as well as the reasons why the motion or cross-motion should be denied. There are several types of New York Affidavit In Opposition And Cross Motion, including an Affidavit in Opposition to Motion to Dismiss, an Affidavit in Opposition to Motion for Summary Judgment, an Affidavit in Opposition to Motion for Relief from Judgment, and an Affidavit in Opposition to Motion for Reconsideration.
New York Affidavit In Opposition And Cross Motion
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FAQ
If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
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).
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.
Pursuant to CPLR 2214(b), any answering affidavits, and any notice of cross-motion and accompanying papers, are required to be served upon the undersigned at least seven days before the return date of this motion.
Cross Motions CPLR §2215 At least three days before the time the motion is noticed to be heard, or seven days prior if such time demand has been made by the movant per §2214(b) a party may serve upon the moving party a notice of cross-motion.
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.
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.