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I am writing a motion memorandum for my legal writing class ...

Sent to Legal Experts October 12, 2007 4:47 p.m.

I am writing a motion memorandum for my legal writing class for the plaintiff Joe Smith who fell off a catwalk in opposition to summary judgment. The defendants motion will seek summary judgment as to plaintiff's claim under Labor Law § 240(1). In addition, I have an affidavit from a man named John who supports the plaintiff in stating that what Joe was doing was more than an "alteration" it was repair. How do I incorporate an affidavit into the motion memorandum? Can I just repeat what John said? Do I need to cite it? Do I quote from the affidavit? Do I treat the affidavit like case law when discussing it in my memo? Could you give me an example please?

Already Tried:
I tried searching my law books but I could not find anything.

Customer (name blocked for privacy)

Status: Closed Value: $30

Answer
October 12, 2007 5:07 p.m. (20 minutes and 13 seconds later)

ACCEPTED

Dear Customer (name blocked for privacy)

Do you have case law that supports the difference between making alterations and doing repair?

If you do, and you are using that as a basis in your Argument, then you can refer to the Affidavit of JOHN. See Attachment A.

If not, then you could treat the affidavit as you do the case law that you are providing - pulling something from the statement and then See Attachment A

Otherwise this is how it would look with some case cites (eg)

There are five essential elements necessary to establish a full-time employee. See Jones v Smith, 123 N.Y. 00, 01-02 (2007). Making repairs is one of those elements. Mr. Smith was acting a full time employee. See Attachment A

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle -- Paralegal -- 100% Positive Feedback on 3321 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law

Reply
Sent October 12, 2007 5:12 p.m. (4 minutes and 17 seconds later)

Hi,
When I click on your links nothing happened. Can you send your links again? Or send the link information to me by email?

Customer (name blocked for privacy)

Answer
October 12, 2007 5:15 p.m. (3 minutes and 5 seconds later)

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Michelle -- Paralegal -- 100% Positive Feedback on 3321 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law

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