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 a qualified New York attorney to discuss your specific situation and ensure your motion complies with all applicable rules and procedures. The specific requirements may vary depending on the court and the circumstances of your 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 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 [Address of Courthouse], on [Date], at [Time], or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR ยง4213(b) directing the Court to make special findings of fact and conclusions of law with respect to [Specifically state the issues requiring special findings. Be precise and detailed. For example: "the issue of whether the Defendant breached the contract dated January 1, 2023, by failing to deliver the goods as agreed; the issue of whether the Plaintiff suffered damages as a result of the Defendant's breach; and the calculation of the appropriate damages"].
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, shall be served upon the undersigned at least seven (7) days before the return date of this motion.
PLEASE TAKE FURTHER NOTICE, that upon the argument of this motion, the moving party shall submit proposed special findings of fact and conclusions of law.
Dated: [Date]
[Attorney's Name], Esq. [Attorney's Address] [Attorney's Phone Number] [Attorney's Email Address]
TO: [Opposing Counsel's Name], Esq. [Opposing Counsel's Address]
AFFIRMATION IN SUPPORT
(This section should include a detailed affirmation from the attorney outlining the reasons why special findings are necessary and appropriate in this case. The affirmation should address the following points, among others):
- The importance of special findings for appeal: Explain why special findings are necessary for a clear and efficient appellate review. Highlight the complexities of the case and the potential for ambiguity without specific findings.
- Specific issues requiring findings: Clearly identify the specific issues of fact and law that require special findings. Provide supporting arguments and evidence.
- Relevant case law: Cite relevant New York case law supporting the request for special findings.
- Prejudice to the moving party: Explain how the lack of special findings would prejudice the moving party.
Remember: This is a sample and needs to be tailored to your specific case. Consult with a legal professional to ensure the motion is properly drafted and filed. Failure to comply with court rules can result in the motion being denied.
