Legal Question in Family Law in New York
Years ago the defendant was properly served the Summons & Complaint but the case was marked settled and removed from court calendar per an agreement between the parties - never got in front of a Judge. Fast forward currently the defendant is not compliant with the agreement and the Plaintiff will look to move that the original case be put back on the court calendar seeking the original request for relief. During research to move back on the calendar, it was determined that the defendant's Verified Answer from original case is not on file with the court. What does that do for the case ? is the whole thing defective and start from scratch or can a default be granted to Plaintiff due to the issue of the Verified Answer not on file with the court after many years +5 ?
1 Answer from Attorneys
if the first case is marked Settled and the Court did not retain jurisdiction to enforce it, I would think you need a new case to enforce the agreement.
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