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* 1 Short Form Order NEW YORK SUPREME COURT QUEENS COUNTY Present: HONORABLE DAVID ELLIOT Justice IAS PART 14 ------------------------------- Index ACID ALI, No. 1269/06 Plaintiff, -againstBRUCE H.

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How to fill out a motion for summary judgment:

1. Begin by reviewing the rules and guidelines set forth by the court in which you are filing the motion. Familiarize yourself with the specific requirements and format they expect.
2. Draft a heading for the motion that includes the name of the court, the case number, and the parties involved.
3. Write an introductory section that clearly states your intention to file a motion for summary judgment. Provide a brief overview of the case and the legal issues at hand.
4. In the next section, present a concise statement of facts that outlines the relevant events and evidence in your favor. Make sure to support your statements with references to the exhibits or documents that substantiate your claims.
5. Craft a persuasive argument in the main body of the motion explaining why summary judgment is appropriate in this case. This section should highlight the lack of genuine issues of material fact and establish that you are entitled to judgment as a matter of law.
6. Include a section that addresses any potential counterarguments or defenses raised by the opposing party. Articulate why these arguments are without merit or not applicable to the case at hand.
7. Add a conclusion to your motion that restates your request for summary judgment and summarizes the legal basis for your argument.
8. Attach any supporting documents or evidence that are necessary for the court to understand and consider your motion, such as affidavits, expert opinions, or excerpts from depositions.
9. Review the completed motion for accuracy, clarity, and conciseness. Ensure proper grammar, punctuation, and formatting to enhance readability.
10. Sign and date the motion, and file it with the court according to the prescribed procedures and deadlines.

Who needs a motion for summary judgment?

1. Parties involved in a legal dispute who believe they are entitled to judgment without going through a trial process.
2. Plaintiffs or defendants who possess compelling evidence or legal arguments that establish no genuine issues of material fact exist in the case.
3. Attorneys who want to expedite the resolution of a case by presenting their arguments to the court for a decision on the merits rather than going through a full trial process.

People Also Ask about

What is summary judgment in simple terms?

Definition. Summary judgment is a judgment entered by a court for one party and against another party without a full trial.

What is an example of a summary Judgement?

Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

How do I file a motion in New York State court?

In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement

Why might a judge issue a summary Judgement?

Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.

What is the standard for motion for summary judgment New York?

The Summary Judgment Standard Any party may move for summary judgment in any action. A court will grant summary judgment if, upon review of the record, the moving party sufficiently establishes the cause of action or defense at issue to warrant judgment in its favor as a matter of law.

What is the CPLR 3212 B?

CPLR 3212(b) provides for summary judgment in toto if, “upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.” CPLR 3212(e) provides for partial summary judgment, or “summary judgment

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What is motion for summary judgement?

A motion for summary judgment is a legal request asking the court to rule that the other party has no case because there are no facts at issue. It is typically filed before trial to resolve a case quickly when there are no material facts in dispute.

Who is required to file motion for summary judgement?

Either party in a lawsuit can file a motion for summary judgment, but it is typically filed by the party that believes they are entitled to judgment without the need for a trial.

How to fill out motion for summary judgement?

To fill out a motion for summary judgment, you'll need to provide the court with a notice of motion, a supporting memorandum of law, affidavits or declarations supporting the motion, and a proposed order. It's important to clearly present evidence that shows there are no material facts in dispute.

What is the purpose of motion for summary judgement?

The purpose of a motion for summary judgment is to expedite the legal process by resolving a case without a trial when there is no dispute regarding the essential facts of the case.

What information must be reported on motion for summary judgement?

A motion for summary judgment must typically include the caption of the case, identification of the parties, the grounds for the motion, a statement of undisputed material facts, supporting evidence, and legal arguments demonstrating why the judgment should be granted.