NY Supreme court, civil tort cases where plaintiff's Summons along with follow up motion, affirmations, correspondence letters all violated NYS CPLR 2103, NYS BDR-7-104, and uniform civil rules for supreme court part 202 (7)(8) delivery and affidavit of service requirement as per court protocols and law. Requires legal argument too.
I need this court cases dismissed with prejudice, granting said motion of dismissal by the NYS supreme court due to these violations.
Previous supreme court cases precedents, where NYS supreme court dismissed said cases with prejudice due to the breech of filing proceeds in favor of my defendant.
Recently found out that the plaintiff intentionally falsified their first name on all records (corp financial agreement and medical stipulation legal contracts).
I require law supreme court precedents, case history, court decision that any HIPAA protection are legally nullified due to the false name status.
Supreme court case where the court demanded that the Plaintiff prove their legal name via US Birth certificate. If this information does NOT MATCH the records on file submitted as evidence because it is a different person that said evidence is NOT applicable, nor allowed in court since it is a different person.
Also, if said evidence can not be submitted under law, provide legal precedents to declare a miss trial because my client has no evidence required to successful defend his/her case.
Finally, since there is no evident to support case, receipts and or contract under plaintiff's real name to prove service on said date, no medical record with correct name and no receipt that it would make it a frivolous law.
HX: The case summon filed 10-6-20, return date was 11-5-20, and affidavit of service notarized 11-10-20 then filed within NYSCEF needs to be dismissal with prejudice
Plus, notice of motion, affirmation in opposition, and letter of correspondence with no affidavit of notarized and papers without notary seal again need cases that court granted dismissal with prejudice.
Defendant was not approved to participant within the NYSCEF system up until 4-12 so they were required by protocol to serve them buy law through mail or in person but failed to do so.
Also, other defendants did not follow the proper delivery policy too, in regards to other defendant notification. One defendant lawyer never submitted e-file request to the courts, she is from AZ, requested Pro Hav Vice status but judge never dated, sign, or ever put name on the approval form plus she has never submitted one affidavit of service. the other defendant stopped affidavit of service after the third time and went on to submit 7 more documents (no affidavit of service on record). NO COURT DOCUMENTS WILL BE PROVIDED
I represent one of the three defendants (mine = employee, other two corp and owners) plaintiff claims Assault, battery, intentional emotional distress / negligence.
So my goal is to :
a, Since plaintiff used alias first name, use previous supreme court precedent for force plaintiff to prove ID, real name with subpoenaed US Birth Certificate
b. When name doesn't match have all documentation rejected and dismissed of those grounds
c. Without evidence, makes this case a frivolous law suit, my client defendant (employee), other two corp, owner, pleaded guilty to non crime violation only -harassment. (Off hand can not remember the law statute that said that cannot be utilized as evident and or sole means of grounds of suit).
[login to view URL] documents (evidence) client has no means to defend himself thereby creating a mistrial grounds for dismissal with prejudice stating supreme court precedent.
e. then utilize the failure to follow court procedure and filing rule to have case dismissed.
All would need previous supreme court precedent, case study, and law quote. .