Legal Question in Business Law in New York

Re: law suit filed on corporation by a partner

You DO need a lawyer to handle litigation for you. If you don't already have a business lawyer, you should hire one post haste. You might try the attorney who set up your business entity; if they don't do litigation they know who in your area does and is good at it. If you can get a referral rather than calling a random lawyer out of the yellow pages, that provides you with an added measure of comfort.

Lawsuits can be settled up until a factfinder announces a verdict. So yes, you can certainly try to settle the matter with the plaintiff even though suit has been filed.

Timing of your answer to the complaint is given in other responses; it's generally 20-30 days, depending on the method of service, exclusive of the day of service (you start your count with One on the day after the corporation was served).

Feel free to contact me if you need further help.

Good luck with it.

Re: law suit filed on corporation by a partner

Depending upon the way your corporation was served with papers, you have either 20 or 30 days to file your answer. And, yes, if a settlement is reached, the lawsuit can be terminated.

If you'd like to discuss the situation, please feel free to get in touch.

Re: law suit filed on corporation by a partner

This is a type of situation where you should speak with a business attorney. An attorney would want to review what you did to remove the partner and make sure everything was in order before giving advice. Since suit has been filed it is likely that your former partner has counsel and so should you. If the parties come to a mutual agreement the case can be settled without going to trial. Please feel free to contact my office if you would like to discuss this matter in more detail.

Re: law suit filed on corporation by a partner

You generally have 20-30 days to serve an Answer to the complaint AFTER it is served upon the corporation (depending on the method of service). Usually you can get that time extended by agreement with the plaintiff. If you reach a settlement at any time, the plaintiff can file a Stipulation of Discontinuance which will end the lawsuit. IF you have any other questions please feel free to contact me.

Re: law suit filed on corporation by a partner

We don't know what the litigation is about so we can't really answer. Consult with an attorney because you are being sued and because you should whenever you buy or sell a company.