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How do you oppose a motion to dismiss in NY?

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.

How long does a Judge have to answer a motion in NY?

Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

What needs to be in a motion?

A written motion in a civil action is made up of a set of documents, including: Notice of Motion; ? Motion; ? Brief in Support of Motion; ? Affidavit in Support of Motion; and ? Other Supporting Documents. Other documents may be required, depending on the court rule and/or law that apply to the type of motion you make.

What is the difference between notice of motion and order to show cause in NY?

Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.

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