Civil case, State=FL, Can you file a 'Motion for Summary Judgement' before a known scheduled hearing for a 'Motion to Dismiss'?
Stating a "claim" is not the New York language in any event. CPLR 3211(a)(7) refers to a "cause of action."
Appeals Lawyer
Practice Areas: Appeals, Litigation
Stating a "claim" is not the New York language in any event. CPLR 3211(a)(7) refers to a "cause of action."
This is a repeat question already answered.
When you file the note of issue, you must make a jury demand and pay the fee therefor. That might be years after the "first day of court."
Mail service of a petition is not legally sufficient, and you should tell the court you were served by mail. Hard to say whether, on Long Island,...
Seeking reargument (there is no such statutory motion as "reconsideration") does not bar an appeal, or vice versa, but is bound by the same time...
You do not have a right to reply to a cross-motion. See CPLR 2214(b), 2215. If you feel it necessary, ask the court's permission.
New York process servers know they cannot use mail alone; it must be preceded by multiple attempts at personal delivery, and accompanied by either...
No. Filing does not trigger the deadline, service does. If you serve on the 1st, with a 7-day demand, the 17th is the earliest return date, as...
There is no master civil contempt roll. Beyond the case in which the order of contempt was issued, there should not be a record except with the...
CPLR 2215 is the cross-motion rule.