Legal Question in Civil Litigation in New York
I live in NYC. I started a self represented lawsuit v. my neighbor, regarding a property line dispute.
She was served properly on 7/12/11 and went in person to answer on 7/14/11. She answered on the wrong form - a consumer creidt debt form - this in turn meant I did not get answered properly. I recv'd a notice from the Court saying to show up in on 8/2/11.
The case was placed in the wrong Part. I went to the Court to tell them, they said, "it doesn't matter". I believed it did. I went to court on 8/2/11 and saw it was Adjourned, but I waited anyway. My neighbor was there and told a court appt'd. mediator who approached both of us that she was still self repesenting.
Half an hour later her attorney shows up. I spoke with him. After some discussion,I agreed to Adjourn it, only because I was still waiting to receive a copy of a quite helpful,1961 survey of her property. It got adjourned for 2 MONTHS!
On 8/5/11 - I received a Verified Answer from her attorney along with a deman demand for bill of particulars. Insn;t her NEW answer later than 20 days at this point? Can she even answer TWICE? Can I ask for a default , based on this new development?
2 Answers from Attorneys
She was served on July 12 and you received the answer on August 5, 24 days after service. You don't say how she was served, such that I cannot determine when service was complete or whether she had 20 days or 30 days to answer. You also don't say when the answer was provided; rather you indicate when it was received.
If the answer was late at all, it sounds as though it could not possibly have been more than a day or two late. I think you should accept the answer and move on.
Good luck to you.
I disagree with Michael. Pursuant to CPLR 3025, a litigant may amend an answer without leave of court twenty days after its service. Assuming that the answer was mailed, you must add another five days.
The defendant served his or her answer on July 14. The attorney served an amended answer on August 5, 2011, within the twenty five day period. Therefore, the amended answer is timely.
You really should retain an attorney if this matter is important to you.
Mike.
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