New York How to Respond to a Complaint/Motion for Dismissal is a set of legal procedures and strategies that must be followed when responding to a legal complaint or motion for dismissal in a New York court. There are two types of New York How to Respond to a Complaint/Motion for Dismissal: Answer and Motion to Dismiss. An Answer is a formal legal document that is filed in court in response to a Complaint. It typically outlines the defendants’ defenses and any counterclaims they may have against the plaintiff. The Answer is usually due within 20 days of the filing of the Complaint. A Motion to Dismiss is a legal document filed in court that requests the court to dismiss the Complaint on certain legal grounds, such as lack of jurisdiction, failure to state a claim, or an affirmative defense. The Motion to Dismiss is usually due within 30 days of the filing of the Complaint. In New York, any defendant responding to a Complaint or Motion for Dismissal must comply with the New York Civil Practice Law and Rules (CPR) and the New York Rules of Civil Procedure (RCP). Additionally, a defendant must follow the court’s specific procedural rules, which can be found in the court’s Local Rules.
New York How to Respond to a Complaint/Motion for Dismissal
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FAQ
Motions to dismiss are made for many different reasons. For example, if the defendant didn't get the summons and complaint the right way, he or she can ask the court to dismiss the case. (See Examples of Bad Service). Or, if the plaintiff started the case in the wrong court or county, the court will dismiss the case.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: ?For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.?
A timely motion to dismiss pursuant to CPLR §3211(a) extends the Defendant's time to serve the answer until 10 days after an order issued by the court has been entered and notice of entry has been provided. Entry means that the court's order on the motion has been signed and filed with the County Clerk.
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time.
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.