Bronx New York Motion for Partial Summary Judgment on the Issue of Liability

State:
Multi-State
County:
Bronx
Control #:
US-PI-0052
Format:
Word; 
Rich Text
Instant download

Description

This form requests that the court issue a partial summary judgment in favor of the plaintiff regarding the issue of liability in a personal injury case involving an automobile accident.

In the legal field, a Motion for Partial Summary Judgment on the Issue of Liability plays a crucial role in narrowing down the disputed issues in a case. Specifically applicable to cases related to the Bronx, New York, this motion seeks a judgment on the question of liability, which means determining who is legally responsible for the harm or damages caused. When a Motion for Partial Summary Judgment on the Issue of Liability is filed, the moving party requests the court to make a ruling based on the presented evidence and legal arguments without going to trial. This motion aims to simplify the legal process, save time and resources, and provide clarity on liability matters. The Bronx, being one of the five boroughs of New York City, has its own unique set of laws and regulations. Therefore, a Motion for Partial Summary Judgment on the Issue of Liability specific to the Bronx would adhere to these local statutes and practices. Different types of Motions for Partial Summary Judgment on the Issue of Liability can arise based on the nature of the case and the specific legal claims being made. Some examples include: 1. Motor Vehicle Accident Liability Motion: This type of motion seeks to establish liability in automotive collision cases that occurred within the Bronx. It can involve determining fault, negligent behavior, or violations of traffic laws. 2. Premises Liability Motion: This motion focuses on establishing liability for accidents or injuries that occurred on someone's property, such as slip and fall incidents, inadequate security, or hazardous conditions within premises located in the Bronx. 3. Medical Malpractice Liability Motion: In cases involving medical negligence within the Bronx, this type of motion aims to prove liability against healthcare professionals or facilities, highlighting the breach of the standard of care and resulting harm to the plaintiff. 4. Products Liability Motion: This motion is relevant when a defective product causes harm or injury within the Bronx. It involves proving that the product was dangerous, poorly designed, or improperly labeled, leading to the need for accountability and liability determination. 5. Construction Accident Liability Motion: In construction-related cases, this motion seeks to establish liability for accidents that occurred on construction sites in the Bronx. It can involve claims of negligent behavior, lack of safety precautions, or violations of construction standards. It's important to note that the specific types of motions can vary depending on the jurisdiction and nature of the case. However, the general purpose of all these motions remains consistent — to have the court decide liability without proceeding to a full trial.

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FAQ

Partial summary judgment," as used in' this comment, refers to the granting of judgment on a portion of a single claim. It is not used to refer to the granting of judgment on a single claim where more than one claim is presented in a case.

About a Motion for Summary Judgment If the Court grants the full motion, the moving party obtains an appealable final judgment. On the other hand, if the judge grants summary judgment on only some claims, the order is not an appealable final judgment because some remaining claims/defenses in the case must be resolved.

Motions for summary judgment can be partial, which means that the motion is attempting to have only one issue, or a set of issues, determined by the trial court instead of the entire case. Motions for partial summary judgment can thus help narrow the issues to be decided at trial.

Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.

In law, a summary order is a determination made by a court without issuing a legal opinion. This disposition is also known as a nonopinion, summary opinion, affirmance without opinion, unpublished order, disposition without opinion, or abbreviated disposition.

Partial summary judgment," as used in' this comment, refers to the granting of judgment on a portion of a single claim. It is not used to refer to the granting of judgment on a single claim where more than one claim is presented in a case.

Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial.

Motion for Summary Judgment (sometimes called motion for summary disposition). This motion asks the court for a judgment on the merits of the case before the trial. It is properly made where there is no dispute about the facts and only a question of law needs to be decided.

A motion for summary judgment (sometimes called an MSJ) is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party.

In the U.S., the most common type of dispositive motions seeking to dispose of the entire lawsuit are those for summary judgment. Many U.S. state jurisdictions also provide for a "partial summary judgment" or motion for "summary adjudication of issues" which only seeks to dispose of part of a lawsuit.

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Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. 2010) affirmed the grant of plaintiff's the branch of Cross Motion which was for Summary.Plaintiff's motion to renew or reargue a portion of her prior motion seeking summary judgment on the issue of. The court will likely require oral argument on the motion so the judge can question the lawyers or parties on issues in the case. The court has no obligation to "sift through the record in search of evidence" to support the nonmovant's opposition to the motion for summary judgment.

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Bronx New York Motion for Partial Summary Judgment on the Issue of Liability