Legal Question in Civil Litigation in New York
Is a counterclaim filed with the answer?
Is a counterclaim filed with the answer to a complaint?
3 Answers from Attorneys
Re: Is a counterclaim filed with the answer?
A counterclaim MAY be filed with the answer but depending on the speicific court state versus federal versus county, etc. you are free to present one at various junctures.
Re: Is a counterclaim filed with the answer?
Yes, however, it does not have to be.
A counterclaim may be interposed at any time with leave of court, or at any time it is proper to serve an amended answer as of right.
Re: Is a counterclaim filed with the answer?
It can be.
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