Sample Litigation Document created by an attorney at the law firm of Peter M. Agulnick, P.C.
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- NOTE: Names of parties and, perhaps, other information has been changed or redacted to protect the privacy of this law firm's clients.
|SUPREME COURT OF THE STATE OF
Index No. ___________
County of ___________ )
DEBORAH DENDALSON, being duly sworn, deposes and says:1. I am the Defendant in the above-captioned action. I am fully familiar with the facts of this case and the procedural history of this case based upon first-hand knowledge.
submit this affidavit in opposition to the Plaintiff’s Summons
and Notice of Motion for Summary Judgment in Lieu of
Complaint, which seeks, pursuant to N.Y. CPLR 3213 and N.Y.
CPLR Article 53, to domesticate Plaintiff PETROMAN’s foreign-country judgment
against me here in
3. Plaintiff is the biological father of one of my children. Plaintiff and I were previously living together for a substantial period of time.
suffering serious physical abuse at the hands of Plaintiff, I
brought a lawsuit against Plaintiff in
6. After I filed the action in the
7. Under the circumstances, I feared for my life. I decided that I wanted to distance myself from Plaintiff. I, therefore, decided to abandon the Canadian action hoping that Plaintiff PETROMAN would leave me alone forever.
8. After informing my Canadian counsel that I refused to continue with the Canadian lawsuit, she retired from being my counsel of record by serving and filing upon all parties paperwork entitled “Notice of Ceasing to Act.” This “Notice of Ceasing to Act” officially withdrew her as counsel of record for me. A copy is annexed here as “Exhibit A.”
9. The “Notice of Ceasing to Act” states my last known address where further litigation papers, if any, were supposed to be served. (This “Notice of Ceasing to Act” is stamped received by the Canadian court on January 2003.)
10. After my Canadian solicitor withdrew as my counsel of record, I never received any further legal papers concerning the Canadian case. In fact, I never even learned of any counterclaims or the Canadian default judgment until I received the present Summons and Notice of Motion for Summary Judgment in Lieu of Complaint, which is pending in this Court.
present moving papers (including the affidavit of service of
the “Statement of Defence and Counterclaim”) assert that
Plaintiff served the “Statement of Defence and Counterclaim”
13. Most important, my present attorney has informed me that N.Y. CPLR 5304 states that New York courts should not domesticate foreign-country judgments where, as here, the judgment debtor did not receive proper notice of proceedings to enable him or her to defend.
13. Specifically, N.Y. CPLR 5304(b)(1) states that
legal commentators have said that CPLR 5304(b)(2) is not
discretionary, but mandatory upon
N.Y. CPLR 5304(b)(2) protects people in the identical
situation that I am in now. I
had no notice of the counterclaims in the
pursuant to N.Y. CPLR 5304(b)(2), this Court should deny the
present motion and dismiss Plaintiff’s entire action with
WHEREFORE, Defendant DEBORAH DENDALSON requests that this Court issue an Order denying Plaintiff’s Summons and Notice of Motion for Summary Judgment in Lieu of Complaint, dismissing Plaintiff’s entire action with prejudice, and granting such other relief that is appropriate.
Sworn to me this ____ day
of ___________, 20___.