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Special proceeding new york 2025

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The document provides detailed instructions on how to initiate a special proceeding in the Supreme Court of New York County, including information on filing fees, time limits, and necessary forms. It explains the roles of petitioners and respondents, outlines the steps for filing a Verified Petition, serving documents, and attending court hearings. The document emphasizes the importance of consulting an attorney and includes guidance on electronic filing and applying for a Poor Person Order for those with limited income.

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What is an article 78 proceeding in New York?

If you disagree with an agency decision, you may want to consider appealing the decision to the New York courts. You can do so by filing an Article 78 Proceeding. It is named after the section of New York law that sets out the rules for this kind of case: Article 78 of the New York Civil Practice Law and Rules.

What is the special facts doctrine in NY?

This is known as the special facts doctrine, and in New York it is relevant where one partys superior knowledge of essential facts renders a transaction without disclosure inherently unfair.[4] For example, in the aforementioned cited case, P.T. Bank Cent. Asia v.

What is the special relationship doctrine in NY?

To establish a special relationship, a plaintiff has the burden of proving: (1) an assumption by the mu- nicipality, through promises or actions, of an affirma- tive duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipalitys agents that inaction could lead to harm; (3) some form

What is the special employer doctrine in New York?

The special employer doctrine absolves the general employer of respondeat superior liability during the period of transferred control for the employees job-related torts.

What is the special use doctrine in New York State?

The special use doctrine, relied upon by plaintiff, is a narrow exception to the general rule [which] imposes an obligation on the abutting landowner, where he puts part of a public way to special use for his own benefit and the part is used subject to his control, to maintain the part so used in a reasonably safe

article 78 petition sample

Article 78 proceeding requirements CPLR special proceedings n.y.s. article 78 petition form Notice of Withdrawal of motion New York How much does it cost to file an Article 78 Article 78 proceeding New York Winning an Article 78 Notice of motion New York Supreme Court

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What is the special use doctrine in NY?

Special Use Exception: Under this doctrine, where an adjacent property owner uses a public sidewalk for his own special benefit, the property owner will be found liable for injuries caused by the special use.

What is the rule 202.7 f in NY?

Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.

What is a special proceeding in NY?

A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies.

Special proceeding new york 2025

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