New York Motion to Dismiss or Transfer - Civil Trial
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How to fill out Motion To Dismiss Or Transfer - Civil Trial?
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FAQ
A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
The moving party must submit with the notice of motion an affidavit, a written statement made under oath and sworn to before a notary public, or other proof that explains the nature of the motion and the reasons therefor and which has attached copies of all papers necessary to understand the motion.
A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section. The stay shall remain in effect until notice of entry of the order ruling on the motion.
