January 2, 2019


In Kings County Supreme Court, oral argument on a motion to dismiss generally takes 10 or 15 minutes. But New York County Supreme Court proceedings are not quite the same. Can I call the law clerk so I know how to prepare?


It really depends on the judge (who may already have decided the motion before oral argument), but generally, you won't be given the chance to make a speech - anticipate the core issues material to deciding the motion; anticipate what your adversary will say in support of dismissal (read their papers) and prepare to be SUCCINCT. If there is a "triable issue of material fact" ask for the motion to be denied, and be ready to say what those issues are. One memorable phrase can make all the difference. Good luck!

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