CPLR: Motions

Question 1

motions to dismiss

Answer 1

a party can move to dismiss on or more of the causes of action against him. SMJ can be waived at any time. Typical defenses that must be raised in the first responsive pleading or in a motion to dismiss are:
indispensable or necessary party; failure to state a cause of action ; no legal capacity to sue; court does not have personal jurisdiction.

Question 2

Motion for Summary Judgment

Answer 2

a party may move for summary judgment on all or any part of the claims or defenses presented in the case if the party can prove by supporting proof that there is no genuine issue of material fact (this must be made within 120 days of the date the note of issue was filed.

Question 3

Motion for judgment

Answer 3

any party may move for a judgment as a matter o f law after the close of the opposing party’s evidence on that issue

Question 4

Mistrial

Answer 4

if during a jury trial, a prejudicial mistake occurs that is so serious that it cannot be cured by instruction, the prejudiced party can move for a mistrial

Question 5

motion for new trial

Answer 5

court may grant if it finds it to be in the interest of justice

Question 6

Post trial motions

Answer 6

only one motion allowed per party attacking the verdict; made within 15 days of decision