[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm Name] [Address] [City, State, ZIP Code] Re: Motion to Dismiss for Want of Prosecution Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to you as the attorney of record for [Defendant's Name] in the case of [Case Name] pending in [Court Name], docket number [Docket Number]. I wish to bring your attention to the lack of progress in this case. As per my understanding of Rule [Relevant Rule Number] of the [New York Court Name] Rules, failure to diligently prosecute a lawsuit within the required timeframe may result in the dismissal of the case. Despite various attempts to obtain discovery, communicate with the opposing counsel, and schedule hearings, there has been an unfortunate lack of response, cooperation, and progress in this matter. This lack of prosecution, coupled with the unexplained delays, raises serious concerns about the opposing party's commitment to advancing the case. In light of these circumstances, I have attached a [New York Sample Letter for Motion to Dismiss for Want of Prosecution] with this correspondence. It serves as a formal request to the court to dismiss the case due to the opposing party's failure to diligently prosecute. It is crucial to note that while this sample letter outlines the general format and content, it may require customization to reflect the specific details of this case. As such, I implore you to review, edit, and adapt the document accordingly to align with the requirements of the particular court and case. Moreover, please consider this letter as notice that if appropriate actions are not taken promptly to advance the litigation, including fulfilling discovery obligations and attending scheduled hearings, further motions may be filed seeking additional remedies, including sanctions for unnecessary delay or failure to comply with court orders. I kindly request that you acknowledge receipt of this letter within [reasonable timeframe], as it is essential to expedite the resolution of this matter in the interest of justice and judicial efficiency. Thank you for your attention to this matter. I remain available should you wish to discuss any aspect further. Sincerely, [Your Name] [Your Law Firm Name] [Your Bar Association Number]
New York Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out New York Sample Letter For Motion To Dismiss For Want Of Prosecution?
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To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.
Lack of prosecution means that a person who started a legal case did not continue with it. This can lead to the case being dismissed or thrown out. It is also called "want of prosecution" or "no progress".
A motion to dismiss is filed when the defendant believes that the plaintiff has not stated a claim upon which relief can be granted, while a motion for summary judgment is filed when the plaintiff believes that there is no genuine issue of material fact and that the plaintiff is entitled to judgment as a matter of law.
CPLR 3211(a)(7) provides: "A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: . . . the pleading fails to state a cause of action . .. ." . . . either party may submit any evidence that could properly be considered on a motion for summary judgment ....
Section R3216 - Want of prosecution (a) Where a party unreasonably neglects to proceed generally in an action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment, or unreasonably fails to serve and file a note of issue, the court, on its own initiative or upon ...
New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3211. Motion to dismiss a defense is founded upon documentary evidence; or. the court has not jurisdiction of the subject matter of the cause of action; or. the party asserting the cause of action has not legal capacity to sue; or.
In New York Supreme Court actions (other than actions in the Commercial Division) discovery is generally available after the defendant interposes its answer. If the defendant serves a pre-answer motion to dismiss, however, then discovery is generally stayed until that motion is decided.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
