![]() He served on the Board of Directors of the Bronx County Bar Association and chaired its Legislation Committee for ten years. As a member of the Bar Association of the State of New York, Landlord Tenant Section of the Real Property Committee, he wrote several articles. He has served as a volunteer Arbitrator for the American Arbitration Association and the Arbitration Council of the Textile Apparel Industry. He served as a part time instructor in the Paralegal program at Baruch College, City of New York teaching general litigation and procedure. He is listed in Who’s Who in American Law 2nd edition. Although he is a graduate of New York University School of Law, he has on multiple occasions served as a Moot Court Judge at Columbia University School of Law, his wife, Claire’s alma mater. He handled civil and commercial litigation as well as appellate practice. Meadow spent the major portion of his legal career as a Senior Litigator for the Law firm of Weil, Gotshal & Manges in New York City. Even Denial of the Motion may have some strategic use as plaintiff may have to disclose elements of its claim not appearing in the Complaint. If the Motion is denied, defendant can then serve an Answer to the Complaint. The Defendant’s detailed affidavit is based on personal knowledge. A copy of the Complaint must be annexed.Īttorney’s affidavit is essentially a summary of the dismissal grounds since the attorney does not usually have personal knowledge of the events or transactions between the parties giving rise to the dispute. The Motion papers consist of Notice of Motion and supporting papers including Affidavits with exhibits, if any. ![]() Documentary evidence can be used in support of such a Motion as, for example, a Release signed by the plaintiff in the past releasing defendant from the claims now asserted in the Complaint. Affidavits can be annexed as Exhibits in support of the grounds set forth. The grounds for such Motion can be asserted to dismiss the Complaint are set forth in the Statute and often involve jurisdictional issues, service of process issues or legal insufficiency of the Complaint. The bottom line is get an experienced criminal defense attorney involved early in the case to get the maximum benefit and to have the most options.A Motion to Dismiss a Complaint is a pre-pleading motion used by the defendant against the plaintiff before defendant’s service of an Answer whether in Federal Court under Rule 12 (B) of the Federal Rules of Civil Procedure or in State Court, under New York’s Civil Practice Law and Rules Sec. The 10 factors listed in CPL §210.40 are generally a great place to start in evaluating the value of a criminal charge. ![]() No two cases are alike and some cases even though serious on their face warrant further analysis. The case demonstrates that even very serious felony cases can be dismissed under Clayton and not only less serious misdemeanors. A number of other factors also supported the dismissal. In that case, prosecutors were offering an ACD or a dismissal of the charges and then suddenly withdrew the offer. Recently Judge Rory Bellantoni, of the Westchester County Court in White Plains, after an analysis of all of the factors delineated in CPL §210.40 dismissed a felony Sexual Abuse case in the interest of justice. This strategy has been used by lawyers at this firm to resolve cases such as Assault, Insurance Fraud and Gun Possession. ![]() By using the Clayton factors to show a prosecutor that a Judge might dismiss the case, we are sometimes able to convince a prosecutor to offer an ACD or a Violation when they had previously refused to do so. Our experienced criminal attorney’s have also used the factor delineated in CPL §210.40 to resolve serious criminal cases by addressing the factors in letters to prosecutors. At Tilem & Campbell, our criminal lawyers have successfully used Clayton Motions to resolve difficult cases and protect the interests of our clients. The Motion to Dismiss in the Interest of Justice is also known to many New York lawyers as a “Clayton” motion after the 1973 case that originally discussed the parameters of this type of motion. ![]() Experienced New York Criminal Attorney’s who are familiar with the New York Criminal Procedure Law are familiar with CPL § 210.40 which authorizes Judges to dismiss cases in the “Interest of Justice” and the 10 factors that Judges need consider when deciding whether to grant such a motion. ![]()
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