Eviction Motion Reconsideration Guide

Summary

In New York, a third party with a significant interest in a property involved in a divorce can file a motion to intervene, even after the divorce is finalized. The son may file a motion to reconsider the eviction if he can demonstrate a significant interest and new facts or legal errors. To find out if the son was mentioned during the divorce trial, review court records or request a copy of the divorce decree. Access these records online through the New York State Unified Court System. A motion to intervene template includes sections for notice of motion, affidavit in support, and memorandum of law. Consult a lawyer for personalized advice.

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even if the divorce was finalized?
Yes, even if the divorce was finalized, the son can still file a motion to intervene if he can demonstrate a significant interest in the property. However, it is essential to act promptly and seek legal assistance to understand the specifics.
Would you like more details on how to file this motion?
can he file a motion to reconsider
If the divorce has been finalized, the son may be able to file a motion to reconsider. However, he must demonstrate that he has a significant interest in the property and that there are new facts or legal errors that justify reconsideration.
Would you like more information on how to file a motion to reconsider?
is there a way to find out if the son was even mentioned living in the property during the divorce trial?
To find out if the son was mentioned as living in the property during the divorce trial, you can:
- Review the court records: Check the transcripts, filings, and orders from the divorce case.
- Request a copy of the divorce decree: This document may provide details about who was residing in the property.
Would you like guidance on how to request these documents?
yes
To request these documents, you can:
- Visit the court where the divorce was finalized and ask for access to the case files.
- Use the New York State Unified Court System's online services to request copies of the records.
Would you like more detailed instructions on how to access these records online?
yes
To access these records online through the New York State Unified Court System:
*. Go to the New York State Unified Court System's website.
*. Find the section for accessing court records.
*. Follow the instructions to request copies of the desired documents.
Would you like help navigating their website or any other specific guidance?
yes
Sure! Here’s a step-by-step guide to navigate the New York State Unified Court System's website to request court records:
*. Visit [NY Courts](https://www.nycourts.gov).
*. Click on "eCourts" in the main menu.
*. Select "WebCrims" for criminal cases or "WebCivil" for civil cases.
*. Follow the prompts to register/sign in.
*. Search for the case using case number or party names.
Would you like further assistance with any specific steps?
write a example legal document for a motion to intervene NY supreme court'
Sure! Here’s an example of a legal document for a Motion to Intervene in the New York Supreme Court:
---
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [Your County]
Index No. [Index Number]
__________________________________________
[Plaintiff's Name],
Plaintiff,
-against-
[Defendant's Name],
Defendant.
__________________________________________
MOTION TO INTERVENE
__________________________________________
PLEASE TAKE NOTICE that, upon the annexed Affidavit of [Your Name], sworn to on [Date], and the accompanying Memorandum of Law, the undersigned will move this Court at the [Courthouse Name] located at [Courthouse Address], on [Date] at [Time], or as soon thereafter as counsel can be heard, for an order pursuant to CPLR * and/or CPLR * granting [Your Name] leave to intervene in this action, and for such other and further relief as this Court deems just and proper.
Dated: [Date]
[City], New York
Respectfully submitted,
____________________________
[Your Name]
[Your Address]
[City, State[ZIP Code]
[Phone Number]
ATTORNEY FOR INTERVENOR
TO:
[Plaintiff's Attorney's Name]
[Plaintiff's Attorney's Address]
[Defendant's Attorney's Name]
[Defendant's Attorney's Address]
---
Would you like additional details or help filling out specific sections of this document?
write an example templet for a motion to intervene for a supreme court in ny
Sure, here’s a template for a Motion to Intervene in a New York Supreme Court:
---
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County Name]
[Plaintiff's Name],
Plaintiff,
- against -
[Defendant's Name],
Defendant.
Index No.: [Index Number]
MOTION TO INTERVENE
[Proposed Intervenor's Name],
Proposed Intervenor.
---
NOTICE OF MOTION
PLEASE TAKE NOTICE that upon the annexed Affidavit of [Proposed Intervenor's Name], sworn to on [Date], and the accompanying Memorandum of Law, the undersigned will move this Court at the Supreme Court of the State of New York, County of [County Name], located at [Court Address], on [Date] at [Time], or as soon thereafter as counsel can be heard, for an order pursuant to CPLR § * and § * permitting [Proposed Intervenor's Name] to intervene in this action, and for such other and further relief as the Court may deem just and proper.
---
AFFAFFIDAVIT IN SUPPORT OF MOTION TO INTERVENE
STATE OF NEW YORK
COUNTY OF [County Name]
I, [Proposed Intervenor's Name], being duly sworn, depose and say:
*.
Introduction
- I am the son of [Defendant's Name] and currently reside at the property located at [Property Address].
*.
Interest in the Property
- I have a significant interest in the property as it is my primary residence and I have been living there with my family.
*.
Procedural History
- The property was considered marital property in a divorce proceeding between [Plaintiff's Name] and [Defendant's Name], and the court ordered its sale.
*.
Grounds for Intervention
- I seek to intervene in the case to protect my interest in the property and to request reconsideration of the eviction order.
*.
Supporting Facts
- [Provide any relevant facts, such as the duration of residence, financial contributions to the property, etc.]
*.
Conclusion
- For the reasons stated above, I respectfully request that the Court grant my motion to intervene in this action.
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MEM