Some of these defenses require you to raise them early or risk waiving them. Immunity under Not-for-Profit Corporation law: Unpaid officers and directors of not-for-profit corporations are immunized from liability absent gross negligence or intent to harm.The party becomes an "indispensible party" when this rule is used together with CPLR § 1003. The court lacks a necessary party: When a necessary party cannot be made a party to the action, and the action cannot proceed in the absence of the party.The court lacks jurisdiction where service was made under CPLR §§ 314 or 315: When a defendant challenges in rem jurisdiction (court's jurisdiction over property) or quasi in rem jurisdiction (court's attachment of Defendant's property to obtain jurisdiction over Defendant) versus in personam jurisdiction (personal jurisdiction over Defendant).The court lacks personal jurisdiction: The summons lacks required information such as venue or residence, improper service Defendant lacks sufficient contacts to be subjected to court's authority.The court accepts the allegations as true and affords the non-movant all favorable inferences. The complaint fails to state a cause of action: When a complaint lacks enough factual content to state or infer a legally cognizable claim.UCC restriction of counterclaims against assignees New York common law restricting counterclaims against the NYS for money damages where proper forum is the Court of Claims, or waived by contract). Dismissing improper counterclaims: Those that are disallowed under code or law (i.e.Required writings include real estate contracts, financial contracts, health insurance policy assignments, debt guarantees, and services to be performed over a year's time. If a party does not produce it, the claim is subject to dismissal. Statute of frauds: Certain claims require writing.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |