Term
|
Definition
| Under CPLR 3211, the court properly grants a motion to dismiss where, taking the allegations of the complaint in the light most favorable to the plaintiff, the court finds that the complaint is defective and cannot be maintained. |
|
|
Term
| Failure to State a Cause of Action |
|
Definition
| Under CPLR 3211, the court properly grants a motion to dismiss where, taking the allegations of the complaint in the light most favorable to the plaintiff, the complaint fails to state a cause of action on which relief must be granted. |
|
|
Term
| Motion for Summary Judgment |
|
Definition
| Under CPLR 3211, the court properly grants a motion for summary judgment when, after considering the affidavits and any other materials the parties submit, in the light most favorable to the non-moving party, it decideds that neither the plaintiff nor defendant presents any triable issue of fact, and the dispute may be decided entirely as a matter of law. |
|
|
Term
|
Definition
Under the CPLR, the statute of limitation is the time period in which a lawsuit must be commenced.
|
|
|
Term
|
Definition
| Under the CPLR, the summons advises the defendant that plaintiff has filed a claim against him in a particular court. |
|
|
Term
|
Definition
| Under the CPLR, domicile is a person's true, fixed, and permanent home to which that person intends to return and remain even though he may reside elsewhere for a time. A person may have only one domicile. |
|
|
Term
|
Definition
| Under the CPLR, residence is the place where a person lives for a fair amount of time with some degree of permanency. A person may have multiple residences. |
|
|
Term
|
Definition
| Res Judicata means that a final judgment rendered by a court conclusively resolves the dispute between those parties and acts as an absolute bar to a subsequent action on the exact or cause of action. |
|
|
Term
|
Definition
| Collateral estoppel means that the exact same issue of ultimate fact already tried and determined between the same two parties in a previous action cannot be relitigated in the current action under a different theory of law or cause of action. |
|
|
Term
| Subject Matter Jurisdiction |
|
Definition
| Under the CPLR, subject matter jurisdiction is the power of a court to adjudicate a claim by grant of constitutional or legislative authority. |
|
|
Term
|
Definition
| Under the CPLR, the following are bases for establishing general personal jurisdiction over a defendant: (1) physical presence in New York, (2) doing business in New York, and (3) domicile. The CPLR also provides the following bases for estabilishing specific personal jurisdiction over a defendant:(1)consent, (2)the non-resident motorist statute, (3) New York's Long Arm Statute, and (4) matrimonial jurisdiction. |
|
|
Term
|
Definition
| Under the CPLR, the complaint is plaintiff's pleading specifying the essential elements of plaintiff's cause of action. |
|
|
Term
|
Definition
| Under the CPLR, an answer is the defendant's principal response to the plaintiff's complaint that denies, admits, or otherwise addresses each of the allegations in the complaint. When applicable, an answer also sets forth the defendant's affirmative defenses and counterclaims. |
|
|
Term
|
Definition
| Under the CPLR, a counterclaim is an offensive claim against an existing opposing party. |
|
|
Term
|
Definition
| Under the CPLR, a cross-claim is a claim that arises between condefendants or co-plaintiffs in a case and that relates to the subject of the original claim or counterclaim. |
|
|
Term
|
Definition
| Under the CPLR, a reply is the plaintiff's response to the defendant's answer or the defendant's pleading in a civil case. |
|
|
Term
|
Definition
| If the parties have previously resolved the dispute without court intervention, they may not subsequently seek the court to adjudicate these issues which have already been resolved. |
|
|
