What to do about a Notice of Motion?

UPDATED: Nov 10, 2011

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What to do about a Notice of Motion?

I received from my landlord’s attorney a notice of motion, featuring a future date and time to continue with a case that was already resolved. As the respondent in this case, do I need to confirm I received this, file any paperwork or simply show up at the date and time listed with my documentation?

Asked on November 10, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A notice of motion is a required Due Process consideration placing one on notice about a hearing date listed on the notice down the road.

If you oppose the request in the motion where you received the notice, you should file and serve a written opposition to it and be prepared to argue it. Be aware some courts have tentative rulings made the day before the hearing that you access online. If you fail to contest the tentative ruling one would be barred from arguing the merits of the motion at the actual hearing date.

I would be prepared to make sure there are no tentative rulings and if not be ready to argue the motion if you wish to oppose it. Good luck.

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