Archived
What does cross move to dismiss affirmative defenses mean? Is it not enough to oppose the motion for CPLR 3211(a)(5) dismissal?
Terry's answer
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Answered on August 17, 2018
It means to make your own motion, returnable at the same time as the main motion, to knock out certain or all affirmative defenses asserted in the...
Archived
Table of Authorities ?
Terry's answer
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Answered on August 17, 2018
If you merely mention the Constitution generally, without reference to a specific provision thereof, do not include it in your TOA.
Archived
My child support case has been canceled due to my attorneys no show on the court date. I am the mother and baby lives with me. ?
Terry's answer
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Answered on August 16, 2018
If, as appears, you were the petitioner, you must refile the case, or move to vacate the default (which will give you an earlier retroactive date)....
Archived
Do I need Leave of Court to correct Notice of Appeal and pre-Calender Statement ,or just file corrected version with clerk ?
Terry's answer
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Answered on August 16, 2018
File an amended notice of appeal but use the same date as the original. The Pre-Calendar Statement is not jurisdictional, so I would not bother...
Archived
What does it mean when a criminal case is pending?
Terry's answer
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Answered on August 16, 2018
Reposting to Criminal Defense. Pending means it's not over.
Archived
What does this mean?
Terry's answer
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Answered on August 16, 2018
A motion for summary judgment asks the court to decide the case in the movant's favor, based on the law and the facts, without the need for a...
In NYS, a RJI is used in order to start action on a case, for instance, request a preliminary conference, or to ask for somethin
Terry's answer
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Answered on August 16, 2018
RJI stands for Request for Judicial Intervention. A case is usually commenced by summons and complaint, which does not require judicial...
Archived
Can an argument be made that as long as a decision is under reconsideration, there is no res judicata? Any case law?
Terry's answer
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Answered on August 15, 2018
If there are new facts it's a different case. Beyond that, the first decision is arguably res judicata until it's undone.
Archived
Can my company recover visa and legal fees for sponsoring my L-1A visa?
Terry's answer
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Answered on August 15, 2018
Reposting to Immigration Law as it involves statutory knowledge.
Archived
How to serve a lawyer, he has a po box for adress, I'm suing him
Terry's answer
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Answered on August 15, 2018
Go here:
http://iapps.courts.state.ny.us/attorney/AttorneySearch
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