Legal Question in Civil Litigation in New York
Can a judge in a NY civil case award the plaintiff a summary judgment without ruling on a defendants motion to dismiss. The judge never made a ruling on a November 24, 2014 motion to dismiss due to no subject matter jurisdiction. Instead, on December 12, 2014 he awarded a summary judgment to the plaintiff and scheduled an awards hearing for December 18, 2014
1 Answer from Attorneys
Normally, the judge would incorporate both motions in to his decision by reference. If defendant's motion is post plaintiff's motion, he may not be aware of the pendency of the second motion. The second motion should have actually been a cross-motion at the time of the original motion. It sounds to me the Judge is pretty miffed with the defendant; I would try to settle the case ASAP without going through with motion practice.
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