Full question:
A Judge ruled in my breach of contract case that in my memorandum of opposition to a motion to dismiss that I did not cite the literature from the university that promises alumni access to the campus. However, I did cite the alumni brochure in the complaint and I included it as an exhibit. Should the judge have considered the citation and exhibit in the complaint when rendering the judgment. I plan to make a motion for reconsideration of the order and appeal if the motion is denied.
- Category: Civil Actions
- Date:
- State: New York
Answer:
The answer depends on the specifics of your case. If you included the brochure as an exhibit but did not reference its relevant language in your arguments, the court may not have given it significant weight. For instance, simply stating 'see attached Exhibit A' without quoting the specific language that supports your argument may lead the court to overlook it. It's advisable to present your facts clearly to make it easier for the court to rule in your favor. The clearer you are, the less legwork the court has to do in reviewing your evidence.
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