Is there a timer to file a joined N.Y. CPLR 3211(a)(1) and CPLR 3211(a)(7) motion? Term paper

Bankruptcy and Debt 3 views 2 answers
If the time limit has run out to file a solo N.Y. CPLR 3211(a)(1) motion but a CPLR 3211(a)(7) motion can be filed at any time. Can a joined CPLR (a)(1) and (a)(7) or must one file under CPLR 3211 (a)(7) alone? This hypothetical situation contains a ton of documentary evidence that is sitting in the case file from previous filings. Typically on a solo (a)(7) motion the judge only looks at evidence within that solo motion (I think) I am a law student. I am asking strictly a procedural question. I have to find out how to get my evidence in to dismiss the plaintiffs cause of action even though the timer on a solo (a)(1) motion has expired In this hypothetical situation the plaintiffs council motioned for summary judgement and the judge marked the case decision reserved.

Attorney Answers

2
Steven Smollens ·
Dear LIC Litigant: What did you mean by "Term Paper?" In practice, a party is allowed a chance to seek an order for accelerated judgment dismissing a complaint or a petition in advance of serving an answer to the underlying complaint or petition. Some grounds for an order dismissing a complaint or petition survive an initial motion to dismiss, and are preserved at: ">>>A motion based upon a ground specified in paragraph two, seven or ten of subdivision (a) may be made at any subsequent time or in a later pleading, if one is permitted;>>."- See more at: http://codes.lp.findlaw.com/nycode/CVP/32/3211#sthash.ebZ4RDXG.dpuf You may have blundered when you did not oppose the motion for summary judgment with an affidavit establishing material facts in dispute and you surely may have exercised the chance for a cross motion if you wanted to argue the lack of a cause of action. You surely had a chance to articulate the lack of a cause of action in opposing summary judgment even if you did not cross move. I do not want to mislead you in your home work and term paper. You have all the information for your assignment and I do not; and in any case, I do not want you to cheat.
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Eran Grossman ·
Generally, you may file one motion asking for several types of relief under different sections of the CPLR. Make sure you cite relevant case law to help guide you accordingly. Good luck with the motion.
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