New York Motion for Review of Certification
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How to fill out Motion For Review Of Certification?
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CPLR 3211(a)(7) permits a party to move for judgment dis- missing a complaint if "the pleading fails to state a cause of ac- tion.
§ 3215. Default judgment. (a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him.
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice. Ex Parte Applications | NYCOURTS.GOV nycourts.gov ? courts ? supctmanh ? ex_part... nycourts.gov ? courts ? supctmanh ? ex_part...
(CPLR 3215(i)(1), (2).) If the plaintiff seeks a clerk's judgment for a sum certain, the proposed judgment should be in the amount demanded in the complaint or summons with notice. The judgment should include a line for interest and costs, which the clerk calculates. (CPLR 3215(a).)
A court may dismiss an action if the plaintiff ?willfully fails to disclose information which the court finds ought to have been disclosed? (CPLR 3126). The sanction of dismissal may be warranted even where, as in the present case, the plaintiff committed no violation of a prior court order (see, Goldner v.
22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief. 22 CRR-NY 202.8b westlaw.com ? nycrr ? Document westlaw.com ? nycrr ? Document
CPLR 3212(b) provides for summary judgment in toto if, ?upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.? CPLR 3212(e) provides for partial summary judgment, or ?summary judgment ... Flipping the Field With CPLR 3212(g) | New York Law Journal law.com ? newyorklawjournal ? 2023/01/30 law.com ? newyorklawjournal ? 2023/01/30
A plaintiff can seek before the clerk a default judgment based on the initial non-appearance of the defendant in cases where both: The plaintiff makes the application within one year of the defendant's default. The claim is for either: ? a sum certain; or ? a sum that can be made certain by computation. (CPLR 3215(a).) Obtaining a Default Judgment in New York State Court bclplaw.com ? web ? obtaining-a-default-ju... bclplaw.com ? web ? obtaining-a-default-ju...
