Legal Question in Civil Litigation in New York

motion to dismiss and counterclaim

What are the pros and cons of filing counterclaims and an answer if the judge is currently reviewing a motion to dismiss. The judge has already scheduled a very aggressive discovery period, so it would make sense to file the counterclaims soon...Yes, No? The case is in federal court, 2nd circuit.

Thanks.


Asked on 2/05/04, 12:21 pm

1 Answer from Attorneys
William Pinzler william M. Pinzler

Re: motion to dismiss and counterclaim

I presume that since this matter is in Federal Court it is a substantial matter. I also suppose that you have a lawyer and you are seeking a second opinion. Without knowing more, you should not file another pleading until the motion to dismiss is resolved. The premise of a motion to dismiss is that the complaint as written does not state a claim on which relief can be granted or the Court does not have either personal or subject metter jurisdiction. In either event, and especially without knowing more,I would allow the motion to be decided before filing another pleading.

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Answered on 2/05/04, 1:51 pm


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