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 always consult with a qualified New York attorney to ensure your specific legal needs are met. This sample is intended to provide a general framework and may need significant modification depending on the specific facts of your case and the court's rules.
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 affirmation of [Attorney's Name], Esq., dated [Date], the exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Courthouse located at [Court Address], on [Date], at [Time], or as soon thereafter as counsel can be heard, for an order:
-
Directing the Court to make special findings of fact and conclusions of law pursuant to CPLR §4213(b); and
-
Granting such other and further relief as the Court deems just and equitable.
GROUNDS FOR MOTION:
This motion is made because the issues presented at trial [briefly describe the issues and the need for special findings – e.g., were complex, involved multiple claims, and require clarification to facilitate an appeal]. Plaintiff/Defendant respectfully requests that the Court make special findings of fact and conclusions of law to clarify the basis of the decision and to assist in the event of an appeal. [Add specific arguments related to the need for special findings, citing relevant case law if available].
PAPERS TO BE SERVED:
The following papers will be served upon the opposing party along with this Notice of Motion:
- This Notice of Motion;
- Affirmation of [Attorney's Name], Esq.;
- [List Exhibits];
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion.
Dated: [Date]
[Attorney's Name], Esq. [Attorney's Address] [Attorney's Phone Number] [Attorney's Email Address]
AFFIRMATION OF [Attorney's Name], ESQ.
[This section would contain a detailed affirmation from the attorney, setting forth the facts supporting the motion. It should reiterate the points made in the Notice of Motion, provide legal arguments in support, and address any anticipated opposition. The affirmation should include a statement that the attorney is fully familiar with the facts of the case and is competent to affirm the statements made.]
EXHIBITS
[List and describe the exhibits to be submitted in support of the motion.]
Note: This is a sample Notice of Motion and must be adapted to the specifics of your case. The language used should reflect the nature of your claim and the facts of your case. Failure to properly tailor this document to your specific circumstances could jeopardize your legal position. Seek legal counsel to ensure your motion is properly prepared and filed.
