Will a motion to reopen a civil case that was dismissed with prejudice render the appeal moot.

If a favorable decision in Supreme Kings is issued before the appeal is submitted for decision, you will be obligated to inform the Appellate...

Two cases and CPLR

Mr. Isquith is correct. I am not sure an amended complaint would undo the default by Defendant 1, but you would certainly have a hard time...

How many times is the attorney allowed to decline the appointed Judge?

"The defense seems to know the Judges well." There is a saying: A good lawyer knows the law, a great lawyer knows the judge. That is not defense...

Dismissal

Motions are not dismissed, they are denied. Beyond that, Mr. Isquith is correct. If the new evidence demonstrates a substantial change of...

Can i appeal the order of judgment and foreclosure?

You can, but unless you get a stay the property will be sold before the appeal is heard.

I was the tenant in a Housing Court case, and I want to pursue an appeal. Is there a time limit for filing the Notice of Entry?

Forget the appeal. You settled, and settlements are not appealable because of "buyer's remorse." Aside from that, it is service of notice of...

Is opposing counsel allowed to trash talk about merits of case to pro se?

Define "trash talk." Counsel is always free to assert the claimed infirmities of his/her adversary's case, even if it involves a pro se. Pro se...

Should a defendant provide evidence/materials in initial disclosure that would help disprove plaintiff's claim?

I agree generally with my colleagues, but the sooner you start punching holes in the case, the better.

Cplr 2101 issue

Defendant's affidavit of service by mail is presumptive evidence that it was served. That you did not receive it does not prove it was not served....

You can't file a notice of appeal, as you don't have an appeal as of right. CPLR 5703(a). You need to move in the Appellate Division for leave to...