sample notice of motion for special findings new york

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31-01-2025

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Sample Notice of Motion for Special Findings in New York

This sample Notice of Motion for Special Findings in New York is for informational purposes only and should not be considered legal advice. You should consult with an attorney to ensure your specific situation is addressed appropriately. The requirements and procedures may vary depending on the specific court and case.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY NAME]

[Plaintiff's Name], Plaintiff,

-against-

[Defendant's Name], Defendant.

Index No.: [Index Number]

NOTICE OF MOTION FOR SPECIAL FINDINGS

PLEASE TAKE NOTICE, that upon the annexed affidavit of [Affiant's Name], sworn to on [Date], and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at [Courtroom or Location], [Address], on [Date], at [Time], or as soon thereafter as counsel can be heard, for an order:

1. Granting the Plaintiff [or Defendant] special findings of fact as set forth in the accompanying proposed findings of fact and conclusions of law; and

2. Granting such other and further relief as the Court may deem just and equitable.

The grounds for this motion are that:

• [Clearly and concisely state the reasons for requesting special findings. For example: "The trial has concluded, and significant factual and legal issues require specific articulation for appellate review. The plaintiff respectfully requests special findings to ensure a clear and complete record for potential appeal." Or: "The court's decision necessitates clarification on specific factual points to ensure proper application of the relevant law."]

• [If applicable, mention specific points of contention where special findings are crucial.]

• [If applicable, explain why standard findings are insufficient.]

Upon service of this notice of motion, the moving party will serve and file the following papers:

1. Affidavit of [Affiant's Name]
2. Proposed Findings of Fact and Conclusions of Law
3. Memorandum of Law in Support of the Motion

PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, must be served upon the undersigned at least [Number] days before the return date of this motion.

Dated: [Date]

[Attorney Name] [Attorney Address] [Attorney Phone Number] [Attorney Email Address]

TO: [Opposing Counsel's Name and Address]

Proposed Findings of Fact and Conclusions of Law (This section would follow and would contain a detailed listing of the proposed findings, supported by references to the evidence presented at trial. This is a crucial part of the motion and should be meticulously prepared.)

Memorandum of Law (This section would follow and provide a legal argument in support of the motion, citing relevant case law and statutes.)

Note: This is a sample and needs to be adapted to your specific case. Remember to replace the bracketed information with the appropriate details and tailor the content to your specific legal arguments. Failing to do so could weaken your motion. Legal representation is strongly recommended.