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About TimeToWakeUp

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    Queens, NY
  1. Thank you for your reply but I'm afraid I wasn't clear. I am the defendant and it is I who wants to motion for summary judgment. My question is whether or not I can do so as a procedural matter as I have already answered the summons and complaint of the plaintiffs. The basis of my motion would be a restating of each of the affirmative defenses I've already stated to each of the allegations in their complaint in my answer to it. Do you see any problem with that or would it depend on the court involved?
  2. Can a motion for summary judgment be filed in a case in which an answer has already been filed?