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https://www.ny-bankruptcy.com/motion-practice-during-the-new-york-foreclosure-process/
Dec 17, 2017 · Whether it’s a review of the statute of limitations, an analysis of the 90-day foreclosure notice, recognition of the lack thereof, or a belief that the present plaintiff-lender does not have standing to initiate foreclosure litigation, filing a motion to dismiss may ensure that you receive the protections to which New York law entitles you ...
https://www.newyorkrealestatelawyersblog.com/new-foreclosure-law-passed-in-new-york/
Jan 10, 2020 · A recent article reports on a new law signed by New York Governor Andrew Cuomo which is meant to assist defendants in foreclosure actions. This article will explain the law, as well as its possible impact on both plaintiffs and defendants in foreclosure lawsuits. The law amended Article 13 of the New York Real Property Actions and Proceeding Law to allow a defendant to raise the issue of ...
https://jdbar.com/statutes/cplr-3211/
Civil Practice Law & Rules 3211 CPLR 3211: Motion to dismiss CPLR 3211 Motion to dismiss (a) Motion to dismiss cause of action. ... family, matrimonial, trial and appeals lawyer in Long Island, New York. ... foreclosure defense and appeals for over 25 years. Request Consultation.
https://parkplacesecurities.com/foreclosure-defense-motion-dismiss.html
Foreclosure complaints are generally pretty simple and easy to understand. In other types of cases, the complaint may be poorly written, so one can file a Motion for a More Definitive Statement. This is unlikely to be useful in a foreclosure case. Thus, the best motion to buy more time is a Motion to Dismiss.
https://www.ny-bankruptcy.com/the-statute-of-limitations-defense-in-new-york-foreclosure-actions-2/
Jun 15, 2017 · In New York foreclosure actions, ... Your attorney can answer the foreclosure complaint by stating in your answer that the action is time barred, file a motion to dismiss on that ground prior to answering the complaint, or in certain circumstances, file a motion for summary judgment that asks to the court to decide, as a matter of law, that the ...
http://www.nycourts.gov/courts/nyc/civil/cplr3211.shtml
Apr 01, 2013 · New York City Civil Court. CPLR 3211. Rule 3211. Motion to dismiss (a) Motion to dismiss cause of action. ... an objection that the summons and complaint, summons with notice, or notice of petition and petition was not properly served, is waived if, having raised such an objection in a pleading, the objecting party does not move for judgment on ...
https://www.avvo.com/legal-guides/ugc/cases-dismissed-for-lack-of-standing----new-york--new-jersey
Feb 13, 2012 · Cases Dismissed for Lack of Standing -- New York / New Jersey. Edit. LLC ... and McNee’s cross-motion(s) to dismiss for lack of standing pursuant to CPLR 3211(a)(3) granted. ... My complaint in New York was dismissed without prejudice pending the outcome of a similar suit in New Jersey filed first by.
https://www.schlamstone.com/action-dismissed-for-failure-timely-to-serve-complaint/
Oct 24, 2017 · On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 E. 4th St. Housing Development Fund Corp., 2017 NY Slip Op. 07086, holding that an action properly was dismissed for failure timely to serve the complaint on the defendant, explaining:. Supreme Court correctly dismissed the complaint for lack of personal jurisdiction, because plaintiff failed to ...
https://www.schlamstone.com/defendant-waived-personal-jurisdiction-defense-by-not-moving-to-dismiss-within-60-days-of-answer/
Apr 05, 2018 · Insofar as is relevant to this appeal, the plaintiff argued that the homeowner had waived the defense of lack of personal jurisdiction by failing to move to dismiss the complaint on this ground within 60 days of service of his answer, and that service of the summons and complaint …
https://www.avvo.com/legal-answers/can-i-file-a-motion-to-dismiss-a-foreclosure-in-ny-3140982.html
Aug 05, 2017 · Can I file a motion to dismiss a foreclosure in NY based on the 6 yr statute of limitations? BNY Mellon Notice of Pendency & Summons & Complaint filed 5/6/11 but they didn't file Index # …
https://law.justia.com/cases/new-york/other-courts/2019/2019-ny-slip-op-29001.html
The court found this to be insufficient to support the motion to dismiss, stating "the Supreme Court should have denied [lender's] motion pursuant to CPLR §3211(a)(1) to dismiss the complaint insofar as asserted against it, on the ground that the evidence it submitted did not constitute documentary evidence within the meaning of CPLR §3211(a ...
https://ag.ny.gov/sites/default/files/press-releases/2012/Plaintiffs%27%20Memo%20of%20Law%20in%20Opposition%20to%20Defendants%27%20Motion%20to%20Dismiss%20the%20Verified%20Complaint%20%28May%2022%2C%202012%29.pdf
SCHNEIDERMAN, Attorney General of the State of New York ("Attorney General"), respectfully submit this Memorandum of Law, together with the accompanying affidavits and the exhibits thereto,l in opposition to Defendants' motion to dismiss Plaintiffs' Verified Complaint.
https://law.justia.com/cases/new-york/other-courts/2011/2011-50479.html
In motion sequence number 002, plaintiff moves for a default judgment against defendant H. & H. Photographers of New York, Inc., arguing that this defendant failed to appear in this action. All defendants made a pre-answer motion to dismiss (motion sequence number 001) and are being represented by the Law Office of Peter Wessel, PLLC.
http://decisions.courts.state.ny.us/ad3/Decisions/2017/524562.pdf
an amended complaint, which added two paragraphs but otherwise mirrored the original complaint.1 Supreme Court granted defendants' pre-answer motion to the extent of dismissing the breach of contract cause of action. Defendants now appeal. When assessing a pre-answer motion to dismiss for failure
https://www.northwestregisteredagent.com/motion-to-dismiss.html
Motion to Dismiss Motion to Dismiss Template. A Motion to Dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. A Motion to Dismiss may be filed at any time during the litigation process.
http://ww2.nycourts.gov/courts/11jd/supreme/civilterm/court_help_forms.shtml
In consideration of the increased number of individuals representing themselves in legal matters the court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide and as such do not address every possible situation. Additionally it must be noted that all persons choosing to act as their own counsel should ...
http://empirejustice.org/wp-content/uploads/2018/02/AGHOPPWebinar_WhereDoWeStandOnStanding_Guidelines.pdf
29446/10 (Sup. Ct. Queens Co. 2012) (granting motion to dismiss the foreclosure action because plaintiff failed to submit any evidence that MERS had possession of the note at the time of assignment); (dismissing foreclosure action with prejudice for lack of standing …
https://www.hallandalelaw.com/foreclosure-pleading-motion-to-dismiss/
The Defendants, D.O., by and through undersigned counsel, file this Motion to Dismiss Complaint as follows: 1. The mortgage attached to the complaint shows the lender to be an entity different from the Plaintiff and there is no valid assignment attached to the complaint. The complaint, therefore, fails to comply with Rule 1.130, Fla. R. Civ. P.
https://pocketsense.com/file-motion-stop-foreclosure-5873940.html
How to File a Motion to Stop Foreclosure. One of the options available to a homeowner who has a judicial foreclosure pending is to file what’s known as a motion to dismiss. While this motion doesn’t always prevent the foreclosure, it will almost certainly buy you extra time as you try to find a …
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