motion practicelitigation draftingCPLR 2221rearguerenewThis article, which discusses motions to reargue and renew, is part of a continuing series on how to draft litigation documents in civil cases in New York.doi:10.1200/JCO.2005.09.004Lebovits, Gerald...
The People have filed a motion pursuant to CPLR § 2221 for leave to re-argue and/or renew the decision and order of the previous motion court dated February 3, 2023, which granted Defendant's motion to deem invalid the People's certificate of discovery compliance ("COC") and statement of...
In a case involving medical malpractice, conversion, and fraud, David Greuner filed a motion for summary judgment under CPLR 3212. Greuner argued that the plaintiff, Maria Liberatore, lacked standing because her claims were assets of her Chapter 7 Bankruptcy trustee. He also contended that her ...
According to the plaintiff’s motion, the goal behind this provision was to prevent coaching of the remote deponent by defense counsel: “(A)t an in-person deposition, it is virtually guaranteed that any notes or messages passed to the deponent during the testimony would immediately be seen by...
Additionally, under CPLR § 2214 (b), A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. Answering affidavits and any notice of...
And lest the part about a free press be unclear, New York has its ownCivil Rights Law § 74that makes it even clearer, though Katz and his counsel seem to be blissfully ignorant of it: A civil action cannot be maintained against any person, firm or corporation, for the publication of ...
In an interview with me yesterday just after a speech before theNew York State Bar Associationon the issue of “tort reform,” MayorMikeBloombergsaid that victims of New York City’s negligence should bear their own costs. “It’s just too much for us to compensate these people, we think...
Drafting New York Civil-Litigation Documents: Part XIII - Motion Practice OverviewNew YorkCPLRpreliminary motionsex parte motionsemergency motionsstaysdisclosurereargue and reneworders to show causenotice of motionBerkeley Electronic Press Selected Worksdoi:10.1200/JCO.2005.09.004Gerald Lebovits...
New YorkCPLRpreliminary motionsex parte motionsemergency motionsstaysdisclosurereargue and reneworders to show causenotice of motionThis column, the thirteenth in a continuing series, offers an overview of how to draft a motion in a New York civil case.Social Science Electronic Publishing...