Motion Writing Samples

  • Memo re Opposition to Motion to Change Venue. The client wanted to know how best to oppose a motion to change venue filed by defendants after plaintiff selected venue in New York County.

  • Pretrial Memorandum in Divorce Proceeding. This memo discusses the saleability of a government-subsidized apartment in connection with an anticipated trial on the equitable distribution of marital property.

  • Opposition to Motion by Trustee to Reopen Chapter 7 Bankruptcy. The debtor was a plaintiff in a class action product liability case (for a defective medical device) many years after her bankruptcy case was closed. The Trustee argued that the proceeds from the class-action case belonged to the estate; we argued otherwise (the Trustee settled with the debtor shortly after this was filed).

  • Opposition to motion for summary judgment. This case involved an ejectment claim by the defendant against the plaintiff. We opposed summary judgment by pointing to the absence of evidence in the defendant’s favor.

  • Motion in the SDNY Bankruptcy Court to accept a late-filed claim in the Borders Chapter 11 case because the foreign-based creditor-supplier got notice of the claim deadline after it had passed (motion was granted in short order).

  • Opposition to Plaintiff’s Motion to Reargue and Stay Pending Appeal. Plaintiff lost his summary judgment motion on his claim to quiet title based on an allegedly forged deed. But he failed to meet the standard for reargument or a stay.

  • Petition to Vacate Surrogate Court Sua Sponte Order Removing Executor. The Surrogate sua sponte suspended testamentary letters and appointed a Public Administrator. This petition sought to undo the damage.

  • Motion to Compel Discovery. This motion demands discovery responses from a plaintiff bank in a foreclosure case.

  • Motion to Vacate Default Judgment. This brief-adavit is a decade old, but the standard for vacating a default judgment has not changed and it is laid out clearly here.

  • Reply brief in Western District of Pennsylvania. This reply brief addresses the plaintiff’s responding arguments to defendant’s motion for summary judgment.

  • Opposition to Motion to Dismiss. This brief addresses the accrual date for a tortious interference of contract claim in opposition to a motion to dismiss in Westchester County.

  • Opposition to Motion to Dismiss. This brief addresses personal jurisdiction under Florida’s long-arm statute.