Dear [Judge's Name], I hope this letter finds you well. I am writing in response to the motions for summary judgment filed by the opposing party in the case of [Case Name]. As per the Rules of Civil Procedure in the state of New York, I would like to present my arguments and evidence opposing the granting of such motions. Firstly, it is important to note that New York follows a system known as the summary judgment standard. Under this standard, a party is entitled to summary judgment if there is no genuine issue of material fact and the moving is entitled to judgment as a matter of law. Therefore, it is crucial to evaluate the facts and legal principles in a meticulous manner. In relation to the facts of this case, the opposing party has submitted documents and affidavits which they claim supports their position and warrants summary judgment in their favor. However, upon close examination, it becomes apparent that their evidence lacks credibility and fails to establish the absence of any genuine issues of material fact. Moreover, the opposing party has made several legal arguments that require further scrutiny. One of their main contentions is the application of a particular statute that they argue supports their position for summary judgment. However, upon legal research and analysis, it is clear that this statute is not applicable to the present case or does not provide grounds for summary judgment as they contend. It is also important to note that within New York, there are different types of motions for summary judgment, namely partial and complete motions. A partial motion seeks summary judgment on specific issues or certain claims, while a complete motion aims to dispose of the entire case. In our case, the opposing party has filed a complete motion for summary judgment, seeking a dismissal of the entire claim. In response to the complete motion for summary judgment, it is crucial to point out that our claim is supported by strong evidence and factual disputes that need to be resolved through a trial. The evidence we intend to present challenges the opposing party's claims and demonstrates that there are genuine issues of material fact that require a thorough examination in a trial setting. Additionally, it is essential to highlight the fact that summary judgment motions are typically not favored in situations where credibility issues, conflicting evidence, or complex legal principles are involved. Our case encompasses all these aspects, making it inappropriate to grant summary judgment without a full evaluation of the facts and arguments presented at trial. In conclusion, it is clear from the above arguments that the opposing party's motion for summary judgment lacks merit and should be denied. Our evidence, legal analysis, and the existence of genuine issues of material fact necessitate a trial to resolve the disputes and reach a just conclusion. I kindly request the court to carefully consider these arguments and deny the opposing party's motions for summary judgment. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]
New York Sample Letter for Response in connection with Motions for Summary Judgment
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How to fill out New York Sample Letter For Response In Connection With Motions For Summary Judgment?
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The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages. A Declaration is a sworn statement to the Court where you write the facts that support your opposition.
1. A responding party should file additional proposed findings of fact if it needs them to defeat the motion for summary judgment. 2. The purpose of additional proposed findings of fact is to SUPPLEMENT the moving party's proposed findings of fact, not to dispute any facts proposed by the moving party.
HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
Briefly describe the relevant undisputed facts of the case. Describe why summary judgment should be granted. I look for opportunities here to grab the judge's attention by telling him or her that I am dropping one of my arguments, and stating why. This lets the judge know I am not going to waste the court's time.
If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
A Declaration is a sworn statement to the Court stating facts supporting your Opposition. These facts must come from the declarant's own personal knowledge of the events. The declarant should also explain how he or she obtained knowledge of the facts included in the Declaration.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
