You are here: / / DISMISSAL OF A MOTION BECAUSE THE PAPERS DID NOT INCLUDE A WORD-COUNT CERTIFICATION...
,

DISMISSAL OF A MOTION BECAUSE THE PAPERS DID NOT INCLUDE A WORD-COUNT CERTIFICATION WARRANTED REVERSAL AND REMITTAL TO CONSIDER THE MOTION (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the motion court’s denial of a motion because the papers failed to include a word-count certification warranted reversal a remittal to consider the merits of the motion:

The Supreme Court should have overlooked the appellants’ failure to submit a word count certification with their motion for summary judgment, as no substantial right of any party was prejudiced … . Accordingly, we reverse. Since the Supreme Court did not consider the merits of the motion, we remit the matter … for a new determination on the merits of the motion. Hodges v 37-11 30th St., LLC, 2026 NY Slip Op 03428, Second Dept 6-3-26

 

You might also like
ALTHOUGH THE MOTION TO SET ASIDE THE DEFAULT JUDGMENT IN THIS DOG BITE CASE SHOULD NOT HAVE BEEN GRANTED, A FULL EVIDENTIARY HEARING WAS REQUIRED TO DETERMINE THE APPROPRIATE DAMAGES AMOUNT (SECOND DEPT).
Title Insurance Company Insures Only Whether a Property Has Legal Access to a Street, Not Whether Physical Access to the Street Is Possible
LOST PROFITS PROPERLY AWARDED FOR WRONGFUL TERMINATION OF SUBCONTRACT; CRITERIA EXPLAINED.
HERE PLAINTIFF’S ATTORNEY OFFERED A DETAILED, CREDIBLE EXPLANATION OF THE LAW OFFICE FAILURE WHICH RESULTED IN MISSING THE DEADLINE FOR PROVIDING DISCOVERY, AS WELL AS THE DEMONSTRATION OF POTENTIALLY MERITORIOUS CAUSES OF ACTION; DEFENDANTS’ MOTIONS TO ENFORCE THE PRECLUSION ORDER SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
CALCULATONS RELIED UPON BY THE REFEREE WERE BASED ON UNIDENTIFIED AND UNPRODUCED BUSINESS RECORDS RENDERING THE CALCULATIONS HEARSAY; THE REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).
PROPERTY OWNER PROPERLY FOUND NEGLIGENT IN FAILING TO MOP UP TRACKED IN SNOW AND WATER IN THIS SLIP AND FALL CASE; DEFENDANT’S MOTION TO SET ASIDE THE VERDICT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
COUNTY NOT LIABLE FOR FLOODING, NO SPECIAL RELATIONSHIP WITH PLAINTIFF.
City Properly Held Liable for Failure to Address Excessive Speeding on Road Where Infant Plaintiff Was Struck—A Proprietary, Not a Governmental, Function Was Involved—The Doctrine of Qualified Immunity Did Not Apply Under the Facts

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THAT PLAINTIFF IN A TRAFFIC ACCIDENT CASE DID NOT HAVE A PROPER DRIVER’S... DECEDENT’S DAUGHTER RAISED QUESTIONS OF FACT ABOUT DECEDENT’S WIFE’S...