Can I file Motion for summary judgment before filing Note of Issue?

You may file the motion before the N/I. The deadline thereafter is an outside limit. That rule was promulgated to stop the practice of parties...

I agree with my colleague, but will add the definition of hearsay I learned in law school, "a long time ago, in a galaxy far, far, away": An...

What's the next step when motion is denied in appellate court?

Denial of stay of sentence pending appeal is not appealable. Next step is to perfect the appeal as quickly as possible. Stays of sentence are...

Filing a CTCA does not require judicial intervention, so no RJI is required. If you are admitted in NY, you should know this. If you are not, you...

If the Stipulation is Set Aside, is the whole buyout set aside?

The answer to the question posed is "Yes." But until the stip is vacated (and fraud is difficult to prove as a ground for vacatur of a stip), it...

In state court, IF you get summary judgment, it will be on liability only, and you will have to prove your damages, before a jury if you made a...

You should ask permission from the judge, and make clear that your spouse will not be speaking. What does the POA have to do with anything? Not...

Does the defendants lawyers have to answer a notice of appeal in any time frame.

If you are in the Second Department, your time to perfect will expire in June, six months from the date on the Notice of Appeal. See NYCRR Part...

Does an attorney who has a lien on an ongoing case refuse to give his file to a new attorney who has been hired?

If the client cannot satisfy the lien, but the file is required by the incoming attorney to continue the case, the court can issue an order upon...

IS IT UNUSUAL FOR PLAINT. TO SERVE AN AFFIRMATION REPLY WHILE WAITING FOR COURT TO DECIDE ON PLAIN ORIGINAL S.J.

To directly answer your question, replies are authorized and quite common. Your chronology suggests plaintiff was given permission to submit a...