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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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we were sued in a civil action finally we have gotten discovery

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we were sued in a civil action finally we have gotten discovery and plaintiff has nothing in writing to prove allegations (regarding a contract) we want to file a motion for summary judgement odds of winning this when the only come back plaintiff has is oral

Thank you for your question. I need more information in order to answer your question.

What is the plaintiff's claim? Are there any documents in your possession or that you know of which might prove the plaintiff's case?
How long have you been in the discovery phase?

Once you answer these questions, I'll let you know my thoughts on your chances in summary judgment.

Customer: replied 4 years ago.

we sold homes on a few people we gave them prepossession agreement which basically said they could rent the house,get a mortgage and buy if we gave them a 10 notice they had to vacate.the legal aid attorney with no budget turned that into that we promised them a mortgage no matter what .problem is they do not have that in writing because it never happened our original lawyer dropped the ball

Thank you for your reply. If there are indeed no documents to back up their claim, then you have a very good chance of winning a summary judgment motion on this issue. Specifically however, you need to amend your answer with the defense that the plaintiff's claim is barred by the statute of frauds. This is the first step before you can get to summary judgment on the issue.

Next, you will be required to allow time for discovery to proceed. A motion for summary judgment is not "ripe" until a reasonable amount of time for discovey has passed. If you filed the motion now, and there is more time left in the discovery period, the plaintiff can move to continue the motion so that they can get more time for discovery.

That being said, given the facts you've told me, the plaintiff is claiming that you promised to provide it with a mortgage or otherwise finance the purchase of the property. That is an agreement which must be in writing under the New York statute of frauds. Thus, without a document which establishes the agreement, they will not win a motion for summary judgment.

Please let me know if you need further information.

Customer: replied 4 years ago.

defendant has provided some discovery in the form of documentation that refutes their case and in the form of interrogatories which again contradict their documents provided they have never asked us for documents .they did ask us for depositions which we refused to travel and are at this point protected by an appeal on the issue to appear as depositions are porely for harrassement when no documentary evidence exists.we wany to position ourself for a judiciary law 487 complaint as the deceipt has been there every step of the way . I am told that lying to a judge is common practice for litigators. true ?

I cannot say that I agree that litigators lie to judges as part of common practice. It is illegal and in contempt of court.

Keep up your fight. It sounds like you are on a likely successful course.

Customer: replied 4 years ago.

onequick question how can they be time barred they sued us within the statute of limitations but refused all discovery until 3 years later how can i ue the time bar issue

The statute of limitations issue only applies to the filing of the lawsuit. As long as the plaintiffs filed the lawsuit before the statute of limitations deadline expired, there is no defense to assert against them on this issue. The fact that they have delayed discovery for 3 years does allow you to immediately file your motion for summary judgment though.

Good Luck,
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