Huntington, NY asked in Foreclosure, Appeals / Appellate Law and Constitutional Law for New York

Q: Hello, will a knowledgeable person please respond to the following questions.

As the defendant, we just filed a motion to reargue based on plaintiffs recent filing of notice of summary judgment in their favor. We have what I believe are extreme questions of fact that the judge erroneously overlooked. It is my understanding that plaintiff now has 30 days to file opposition to our motion to reargue.


1. if the judge finds for us, the defendant, does that extinguish the original summary judgment in favor of plaintiff.

2. Does this then award defendant his cross motion for summary judgment.

3. or Does this allow the plaintiff to cherry pick and resubmit certain affidavits of information that were missing from their original motion for summary judgment

4. or does it negate the entire finding of summary judgment.

5. if so Does this cause plaintiff to have to begin the case from the beginning

Thank you, I hope this all makes sense

1 Lawyer Answer

Barry Eran Janay

  • Consumer Law Lawyer
  • Montclair, NJ
  • Licensed in New York

A: Hire an attorney.

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