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Category: Renew and reargue

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Procedural Issues (203)

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Proving standing without an assignment?

January 1, 2010 No Comments

Since proof of standing is generally not an affirmative part of a no-fault claimant’s prima facie case, this case from the First Department might be of

Renewal under certain circumstances may be granted to correct an improper affirmation

December 5, 2009 No Comments

What happens if you draft an affirmation that is missing the magical “2106” language and the defect is properly objected to? You lose. Can you move

Motion to Reargue – the 30 day period is not absolute

June 7, 2009 No Comments

From a procedural standpoint, a question that has arisen is whether a motion seeking leave to reargue or, in certain cases, leave to renew is timely

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