.Requesting an adjournment for motion summary judgment hearing in NY

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.Requesting an adjournment for motion summary judgment hearing in NY

Anonymous Sep 4, 2015 Business 5 views 4 answers

I am in the middle of a civil complaint where someone is suing me for money I owe. They filed a motion for summary judgement, and I am waiting on my old bank to send statements so I can prove I paid on this (the bank has moved out of the area and sold it's customers, so there are no local branches, and I no longer hold an account). I am not sure how to ask for an adjournment. we've already adjourned once because they did not mail the motion to the correct address. I am afraid to respond or answer the motion because I don't have proof- he provided statements from his credit card, and it only shows the bank it was paid from. How do I ask the court/judge for an adjournment until I receive these statements?

John Mitchell · Accepted Answer · 2026-06-15T16:00:55+00:00

You can either send a letter to the Court and all other parties requesting a continuance and explaining why it is needed or you can make a motion on notice to all parties.

David Kasell · Accepted Answer · 2026-06-15T16:00:55+00:00

A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party's position may exist but cannot then be stated; this is especially so where opposing party has not had a reasonable opportunity for disclosure prior to the making of the motion. McKinney's CPLR 3212(f).

Thomas Holman · Accepted Answer · 2026-06-15T16:00:55+00:00

I would start with a call to the plaintiff's attorney. Obtain consent from that lawyer, and then with that lawyer's permission or joint participation contact the Judge's law clerk and try to work out the postponement. Do this asap. Good luck

Terry Horner · Accepted Answer · 2026-06-15T16:00:55+00:00

Check the judge's rules, if any, and proceed accordingly. Of course, first you ask your adversary to consent to an adjournment. With the answer in hand, you then get court permission. But some judges want letters, some want faxes, some want phone calls. Be sure to explain that you are waiting for documents from your bank, and be prepared to demonstrate the steps you have taken to that end.

.Requesting an adjournment for motion summary judgment hearing in NY

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