CPLR

Question 0

Judgment as a Matter of Law

Answer 0

Any party may move for a judgment as a matter of law after the close of the opposing parties evidence on that issue or at any time, on the basis of admissions.

The grounds for the motion must be specifically stated.

Question 1

Summary Judgment

Answer 1

Under New York’s civil procedure rules and law, summary judgment is granted when no issue of material fact exists and the party is entitled to judgment as a matter of law.

Evidence is evaluated in a light most favorable to the nonmoving party.

Submissions must be by proof and evidentiary form or by affidavits by persons with personal knowledge. The motion is made when is she was joined by service of an answer.

Question 2

Perfected Personal Service > Refusal of Acceptance

Answer 2

A court must have perfected proper personal service in order to have jurisdiction over a litigant. The court summons may be served by any person over the age of 18 and who is not a party to the action. Do process requires that the notice be calculated to inform all interested parties to the action and provide an adequate opportunity for an objection to the summons. Service of process maybe left in the defendants general vicinity what it is refused by defendant. Summons they also be left on a defendants doorstep or take to the defendants door when the defendant refuses to open the door and except hand delivery