This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
The Bronx New York Notice of Motion to Vacate for Lack of Service is a legal document used in the Bronx County court system to request the cancellation or annulment of a previous legal action that has been initiated against an individual or entity due to improper service. Proper service refers to the act of formally delivering legal documents to all parties involved in a case. When a party files a Notice of Motion to Vacate for Lack of Service, they are asserting that they were not properly served with the necessary legal documents relating to a court proceeding, such as a summons or a complaint. Lack of proper service can potentially invalidate any subsequent legal action and require the case to be dismissed or reopened. Some common scenarios where a Notice of Motion to Vacate for Lack of Service may be filed in the Bronx County court system include: 1. Lack of Personal Service: This type of motion is typically used when the plaintiff initiates a lawsuit by attempting to personally serve the defendant with a summons and complaint, but the defendant claims they were never properly served or were served incorrectly. 2. Lack of Substitute Service: If personal service is not possible, the plaintiff may attempt to serve the defendant through a method known as substitute service. This can involve leaving the documents with a family member, roommate, or a person of suitable age and discretion at the defendant's residence or place of business. However, if the defendant was not properly served or the substitute service method was not followed correctly, they can file a Notice of Motion to Vacate for Lack of Service based on inadequate substitute service. 3. Lack of Service by Mail: In certain circumstances, service by mail is allowed. However, strict rules must be followed to ensure proper service. If the defendant contends that they were not correctly served by mail, they may submit a Notice of Motion to Vacate for Lack of Service based on improper service through mail. It is important to note that filing a Notice of Motion to Vacate for Lack of Service does not automatically guarantee that the court will grant the motion. The burden of proof lies with the defendant to demonstrate that they were not properly served. It is advised to seek legal advice or consult an attorney experienced in Bronx County court procedures to ensure accurate completion and submission of the motion. In conclusion, the Bronx New York Notice of Motion to Vacate for Lack of Service is a legal document used in the Bronx County court system to challenge the validity of a legal action due to improper or inadequate service. This document can be filed when the defendant believes that they were not properly served with the necessary legal documents required for a court proceeding. Different types of motions can be filed depending on the specific circumstances, including lack of personal service, lack of substitute service, or lack of service by mail.
