NOTICE OF MOTION FOR SUMMARY JUDGMENT

SUPREME COURT OF THE STATE OF XXX

COUNTY OF XXX

 

XXXX    §

Plaintiff,     §

  1.     § Index No. XXXX

XXX DEPARTMENT OF     §

TRANSPORTATION     §

Defendant.     §

 

NOTICE OF MOTION FOR SUMMARY JUDGMENT

Notice is hereby given that on Insert Date, at Insert Hearing Time, or as soon thereafter as the matter may be heard, in Courthouse No. ___ of this court, located at Insert Court’s Address. Ilan Elishayev will, and hereby does, move for an order continuing the trial.

The Motion will be based on this Notice of Motion, on the declaration of Ilan Elishayev, and the supporting memorandum served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.

Dated:

 

Respectfully Submitted,

______________________________

XXX

Insert Plaintiff’s Address

Insert Plaintiff’s State and ZIP Code

Insert Plaintiff’s Email

Insert Plaintiff’s Phone Number

SUPREME COURT OF THE STATE OF XXXX

COUNTY OF XXX

 

XXXX     §

Plaintiff,     §

  1.     § Index No. XXXX

XXX DEPARTMENT OF     §

TRANSPORTATION     §

Defendant.     §

 

MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

NOW COMES XXXX before this Honorable Court, and brings this Motion for Summary Judgment. In support of this Motion for Summary Judgment, Plaintiff shows this Honorable Court as follows:

  1. NY CPLR Rule 3212 states that any party may move for summary judgment in any action, after issue has been joined; provided however, that the court may set a date after which no motion may be made, such date being no earlier than thirty days after filing of the note of issue.
  2. Plaintiff initiated this suit against Defendant for failure to install necessary speed humps on 71st Avenue between 110th and 112th Streets.
  3. Plaintiff served Defendant with a Verified Complaint on XXX
  4. Pursuant to NY CPLR § 320, Defendant had 30 days to file an answer to Plaintiff’s Verified Complaint.
  5. Defendant failed to enter a defense within the required timeframe.
  6. When a court reviews a motion for summary judgment, it must determine whether the moving party met its burden of establishing “a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact.” Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853 (1985).
  7. Plaintiff has clearly shown that he is entitled to judgment as a matter of law, and that there are no material issues of fact.

REASONS WHEREFORE, Plaintiff prays for Summary Judgment against Defendant.

 

Respectfully Submitted,

______________________________

XXXX

Insert Plaintiff’s Address

Insert Plaintiff’s State and ZIP Code

Insert Plaintiff’s Email

Insert Plaintiff’s Phone Number

 

VERIFICATION

I, XXX, being duly sworn depose and say that I am the Plaintiff in the above entitled action, that I have read the foregoing Motion for Summary Judgment and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, XXX

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Defendant’s Attorney), Attorney at Law

 

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