SERVICES: HOW I HELP ATTORNEYS ACHIEVE THEIR GOALS AND RESOLVE CASES

❖ A Motion That Strategically Positions the Case For Resolution
Problem: You need a motion drafted that does more than summarize law — it must persuade, frame jurisdiction correctly, and strategically position the case.
Solution: I deliver deeply researched, jurisdiction-specific, persuasive motion drafts that integrate law, policy, economics, and strategy to drive resolution.❖ High-Level Research Beyond Surface Citations
Problem: Associates or document review services provide summaries, not strategic depth.
Solution: I conduct original, comprehensive research across federal and all 50 states (via VLex), delivering integrated argumentation rather than citation stacks.❖ Complex Jurisdictional Strategy
Problem: Unsure whether local, state, federal, or specialized court strategy best advances your case.
Solution: I analyze jurisdictional scope and implications to tailor argument structure appropriately — aligning argumentation with the court’s authority and constraints.❖ Fresh Strategic Perspective on a Complex Issue
Problem: You’re too close to the case or stuck in standard arguments.
Solution: I provide original analysis, connect doctrinal and policy dimensions, and identify overlooked angles that strengthen your position.

Hart Schwartz has a track record of filing motions which contribute to favorable resolutions of cases across many areas of law and many types of motions including both procedural and substantive.These writing samples show selected papers filed in court by Hart Schwartz, including Supreme; Civil; Housing; and City courts in the State of New York.Each writing sample shows depth, thoroughness, clarity of logical thought, and sourcing.Where available, the official paper showing the outcome of the case is presented.Click on the button to view downloadable motion papers and outcomes (where available).

• Motion for Summary Judgment — Landlord-Tenant (Bronx Housing) —> Motion Granted
• Pre-Answer Motion to Dismiss (New York Civil) —> Motion Granted
• Pre-Answer Motion to Dismiss (White Plains City) —> Dismissed
• Motion to Vacate Default Judgment (Bronx Housing) —> Vacated and Discontinued

• Download — Motion
• Download — Outcome — Granted ✓

THE SITUATION:
This motion revived, and resolved, a stalled procedural posture in Bronx Housing Court, whereby an unknown occupant had been named and served in the suit, but asserted no specific possessory right, after the named tenant had moved out.WHAT I DID:
This motion built an argument by assertion of substantive legal rights to build a primary facie case for plaintiff where the respondent alleged only hollow procedural defenses of improper service but did not assert a possessory right or any other substantive right.OUTCOME:
Granted by stipulation after a conference between the judge and counsel for all parties.MOTION: Summary Judgment (Bronx Housing Court)OUTCOME: GrantedResolved ✓

• Download — Motion
• Download — Outcome — Granted ✓

THE SITUATION:
In this motor vehicle accident case, plaintiff improperly asserted out-of-state jurisdiction by filing an Endorsed Complaint in the New York City Civil Court, New York County, against a New Jersey resident alleging property damage in a motor vehicle accident in Newark, New Jersey. Moreover, service was attempted under New York Vehicle and Traffic Law which only applies to accidents which occurred in New York, and was filed three years and one day after the accident, one day after the three year statute of limitations for property damage in New York.ISSUES:• LONG-ARM JURISDICTION: Did New York City Civil Court have long-arm jurisdiction over a motor vehicle accident that occurred in New Jersey? Was this properly determined under CPLR 302 or NYCCCA 404?• OUT-OF-STATE SERVICE UNDER NY VTL 253: Could New York Vehicle and Traffic Law 253 be used for valid service for an out-of-state motor vehicle accident?• STATUTE OF LIMITATIONS: Had the statute of limitations expired on a property damage case filed in New York three years and one day after the accident occurred?WHAT I DID:To address these issues pre-answer, I performed very thorough research on:• CPLR 302 long-arm jurisdiction
• NYCCCA 404 long-arm jurisdiction
• The interaction between CPLR 302 and NYCCA 404 to see which applied here• The use of NY VTL 253 for service on an out-of-state defendant for an in-state accident• Whether a case filed three years and a day after the accident violated the statute of limitations
• Precedents in case law for strict enforcement of the statute of limitationsAs is reflected in the attorney affirmation, my research provided multiple cross-referenced sources from case law to support coherent, cohesive arguments in favor of my client.OUTCOME:
By decision/order, the judge ruled that the case was dismissed with prejudice in New York due to absence of personal jurisdictionMOTION: Summary Judgment (New York City Civil, New York County)OUTCOME: Granted and DismissedResolved ✓

• Download — Attorney Affirmation
• Order to Show Cause - RUSH Basis
• Download — Outcome — Dismissed ✓

THE SITUATION:
This pre-answer motion to dismiss, in Commercial Claims in White Plains City Court, addressed a situation where the claimant sought attorney’s fees for a case from which it has been dismissed on the merits in Westchester County Supreme Court but had not asked for attorney’s fees in that case. The underlying legal claim in Supreme Court was based on a heating oil spill at a residential home.WHAT I DID:In response, I researched and cited extensive case law on:• Res judicata• Prohibition on claim-splitting• Attorney's fees as incidents of litigation and not an independent cause of action• The American Rule regarding attorney’s fees not typically being awarded to the winner of a case• Distinguishing situations in New York where litigation is considered frivolous and where attorney’s fees can be awarded notwithstanding the American Rule (CPLR 8303-a, NYCRR 130-1.1)As is reflected in the attorney affirmation, my research provided multiple cross-referenced sources from case law to support coherent, cohesive arguments in favor of my client.ORDER TO SHOW CAUSE ON RUSH BASIS:
In addition, to ensure this motion could be heard in court, I drafted and filed an Order to Show Cause as there was not enough time between being assigned to this case and the court hearing in order to file by Notice of Motion. At the court hearing, merely a few days after I was assigned to this case, the full-text of the Order to Show Cause, Attorney Affirmation, and Exhibits were before the judgeOUTCOME:
The judge dismissed this action at the first court hearing in Commercial Claims.MOTION: Summary Judgment (Commercial Claims, White Plains City Court)OUTCOME: Granted and DismissedResolved ✓

• Download —Motion to Vacate Default Judgment and Dismiss Proceeding
• Download — Outcome — Vacated and Discontinued ✓

THE SITUATION:
This motion to vacate and dismiss a default judgment of $38,400 in an HP Action in Bronx Housing Court involved a unique fact pattern where every, or nearly every, basis for vacatur of a default judgment in New York law was at play.WHAT I DID:In response, I researched and cited extensive case law on:• fraud on the court - "touting away from the courthouse" - extrinsic fraud• inherent discretion of a New York court to modify its own judgments, per Ladd v. Stevenson (19 N.E. 842 Court of Appeals 1889)• CPLR 5015(a)(4) - Jurisdiction• CPLR 5015(a)(2) - newly discovered evidence• CPLR 5015(a)(3) - intrinsic fraud• CPLR 317• CPLR 5015(a)(2) - reasonable excuse and meritorious defenseUpholding my duty of diligence to my clients, I read multiple “gold standard” sources in a very detailed, in-depth manner. These sources included many chapters of Siegel's New York Practice; trial and appellate case law; New York Jurisprudence; Carmody-Wait; and other treatises. I did not take anything at face value; if a case was noted in a treatise or practice guide, I read the case in-depth full-text to ensure accuracy and seek understanding within context.If you hire me, you will receive the same level of diligence and thoroughness. I will read case law, treatises, practice guides, and any other relevant source in order to be sure that my understanding is contextual, strategic, and that I am meticulously connecting the dots for a well-written, well-crafted paper based on accurate sources.OUTCOME: Damages reduced by 97.4% from $38,400 to $1000 upon vacaturThe default judgment was vacated by stipulation in a complex, multi-appearance negotiation at the court. I was able to secure approval from all parties as well as the judge for a full and final resolution of the case. My clients’ default judgment of $38,400 was reduced to $1000, a 97.4% reduction in damages.MOTION: Motion to Vacate Default Judgment and Dismiss Proceeding (HP Action – Bronx Housing Court)OUTCOME: Vacated and Discontinued — Full and Final Resolution of All Claims and IssuesResolved ✓