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(1) Motion Notice Requirements under CPLR 2214(a) It is not possible to obtain a temporary restraining order or interim order under a notice of motion, with one exception that being the Appellate Division, First Department, which has a special rule to treat a notice of motion like an order to show cause. In a "notice of motion" the moving party sets the date of the motion and serves a copy of the motion before its filed with the court. Notice of MotionĪ notice of motion is the most common type of written motion and is governed by CPLR 2214(a), (b) and (c). In addition, the non moving party can file a cross motion in response if they so choose. The first is a notice of motion, and the second is an order to show cause. The Three Types of Motions: Notice of Motion, Order to Show Cause, Notice of Cross MotionĬPLR 2214 authorizes a moving party to file two kinds of motions. Failure to do so is a denial of due process and can result in any order being deemed a nullity. With very few exceptions, all motions must give the non moving side a meaningful chance to be heard. Put another way, a motion is a mini case within a main case whose purpose is somehow necessary to the main case. A motion does not exist outside of an underlying case, each motion must relate to the case in which it is made. The statutory basis for motions is found in CPLR 2214, which sets out how motions are made. What is a Motion in New York Court proceedings?Ī motion is a formal a request for the Court to issue an order separate from the main judgment. Committee Sports for Israel where he was particularly involved with the Masters’ Golf Team and also with sponsorship of young athletes to the World Maccabiah Games in Israel.Order to Show Cause & Notice of Motion Explainedġ. He also was the Captain of the City College golf team earning a Varsity Letter for Golf. He was among the group of pro bono legal advisors to the New York Museum of Jewish Heritage: A Living Memorial to the Holocaust.Īs an undergraduate student at the College of the City of New York, he was President of the Government and Law Society. He served on the Board of Directors of the Bronx County Bar Association and chaired its Legislation Committee for ten years. As a member of the Bar Association of the State of New York, Landlord Tenant Section of the Real Property Committee, he wrote several articles. He has served as a volunteer Arbitrator for the American Arbitration Association and the Arbitration Council of the Textile Apparel Industry. He served as a part time instructor in the Paralegal program at Baruch College, City of New York teaching general litigation and procedure. He is listed in Who’s Who in American Law 2nd edition. Although he is a graduate of New York University School of Law, he has on multiple occasions served as a Moot Court Judge at Columbia University School of Law, his wife, Claire’s alma mater. He handled civil and commercial litigation as well as appellate practice. Meadow spent the major portion of his legal career as a Senior Litigator for the Law firm of Weil, Gotshal & Manges in New York City. Even Denial of the Motion may have some strategic use as plaintiff may have to disclose elements of its claim not appearing in the Complaint. If the Motion is denied, defendant can then serve an Answer to the Complaint. The Defendant’s detailed affidavit is based on personal knowledge. A copy of the Complaint must be annexed.Īttorney’s affidavit is essentially a summary of the dismissal grounds since the attorney does not usually have personal knowledge of the events or transactions between the parties giving rise to the dispute. The Motion papers consist of Notice of Motion and supporting papers including Affidavits with exhibits, if any. Documentary evidence can be used in support of such a Motion as, for example, a Release signed by the plaintiff in the past releasing defendant from the claims now asserted in the Complaint. Affidavits can be annexed as Exhibits in support of the grounds set forth. The grounds for such Motion can be asserted to dismiss the Complaint are set forth in the Statute and often involve jurisdictional issues, service of process issues or legal insufficiency of the Complaint.
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A Motion to Dismiss a Complaint is a pre-pleading motion used by the defendant against the plaintiff before defendant’s service of an Answer whether in Federal Court under Rule 12 (B) of the Federal Rules of Civil Procedure or in State Court, under New York’s Civil Practice Law and Rules Sec.