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Motions to dismiss are made for many different reasons. For example, if the defendant didn't get the summons and complaint the right way, he or she can ask the court to dismiss the case. (See Examples of Bad Service). Or, if the plaintiff started the case in the wrong court or county, the court will dismiss the case. Common Examples of Motions | NY CourtHelp - Unified Court System nycourts.gov ? goingtocourt ? motionExamples nycourts.gov ? goingtocourt ? motionExamples
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 ... Motion Practice | NYCOURTS.GOV - New York State Unified Court System nycourts.gov ? COURTS ? nyscourtofclaims nycourts.gov ? COURTS ? nyscourtofclaims
At a motion to dismiss hearing, the parties will stand before a judge who will decide whether to grant the motion or deny it.
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.
An application is a form of legal proceeding. A motion, however, is not a separate proceeding. Rather, a motion is a procedure by which particular relief is sought within the framework of an existing (or impending) action. Motions and applications - Lexology lexology.com ? library ? detail lexology.com ? library ? detail
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had ?contact? with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
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 ....
Within 30 days Motions to reargue a cause or motion, or to resettle or amend a decision and order, shall be made within 30 days after service of a copy of the decision and order determining the cause or motion, with notice of its entry, except that for good cause shown, the court may consider any such motion when made at a later date ... N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.6 - Motions-reargue; resettle cornell.edu ? new-york ? 22-NYCRR-670 cornell.edu ? new-york ? 22-NYCRR-670