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Can I file an affirmation of the opposition of the

plaintiff's motion and a motion...
Can I file an affirmation of the opposition of the plaintiff's motion and a motion to compel in one? What is the proper procedure for civil court in New York?
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Answered in 2 minutes by:
3/21/2018
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 40,061
Experience: Retired
Verified

A motion to compel discovery must be made in a separate pleading. No exceptions.

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Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

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Customer reply replied 3 months ago
Hi, the motion to compel is not for discovery.I filed motion to dismiss the complaint. Plaintiff filed opposition and a crossmotion for summary judgement. An answer/counterclaim/jury demand was filed prior to plaintiff's deadline for submission of an answer.When I filed an answer, I was hoping to withdraw my motion to dismiss at the time of hearing. However, plaintiff proceeded with the motion for summary judgement.My plan now is to file an opposition to motion for summary judgement stating that answer/counterclaim/jury demand was filed and motion for summary judgement must be dismissed. At the same time, I was looking to file a motion to compel the plaintiff to follow the procedure and withdraw his motion for summary judgement.Can I file my opposition along with a new motion to compel the plaintiff to follow procedure/withdraw his motion?

I have no idea what your'e doing. I'll reopen the question for others to assist. Thanks for using Justanswer!

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Customer reply replied 3 months ago
I am exploring strategies and need help with proper procedures. Thank you
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 62,867
Experience: Licensed attorney helping individuals and businesses.
Verified
Different expert here. You may oppose the motion and you may file a cross motion for the relief you seek. You also may file a separate motion. The motion would have its own notice of motion. I practice in NY.If you have a follow up, just reply and ask me!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 62,867
Experience: Licensed attorney helping individuals and businesses.
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Customer reply replied 3 months ago
great, thank you 5 stars.
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