Legal Question in Civil Litigation in New York
How to remove stay
I am a pro se plaintiff. I sued a person because she promised to sell me a house and she did not do so even though there was a contract between us. Now my case has lasted a long time. We finally
were given a date to go to trial. The person I sued has a lawyer but she kept delayin the case by filing a motion to compell a second depositon of me and at the same time they requested a stay, I do not know why since the first one lasted a long time and they asked all the questions they needed, anyhow the judge granted it and the depositon was held. Now my question is the court order stated that the depositon should be held and that the case be stay. Now I like to get the case back on track, I'm not sure how to do that, I was told to do a motion to restore, but another person stated that since this case was not marked off the calendar then a motion to restore would not be the right motion. I do not know what to do, i know a paralegal and she said that I should do a motion to restore but I do not know what rule unde the CPLR would be, if anybody can shed some light on this question would be greatly appreciated and I may be inclined to hire a lawyer because this case is really stressing me out, but please shed some light on this one
3 Answers from Attorneys
Re: How to remove stay
The important issue is what was the basis for the Judge to grant a stay of the case, since that is an unusual occurrence. I am also wondering whether in fact your case is stayed, because you also state that the Judge ordered a second deposition of you, which would mean that the case was not stayed. It is strongly suggested that you retain an attorney, as it appears that you may be in a little over your head with respect to legal procedure, which is why your case may be dragging on. I would be happy to speak with you further about this. Please feel free to contact me with any additional questions.
Re: How to remove stay
In general to lift a Stay, you must make a motion to vacate the stay. I do not know what the facts of your Stay and why the Judge granted it, it would be unusual to grant a stay simply to conduct further depositions. A review of the Judges' order and the pleadings in this case would probably provide you a better answer. Feel free to contact me
Re: How to remove stay
As a general rule, if you are having trouble at this early stage of litigation, you will be hard pressed to win a trial... you could still get lucky, but hope is a bad plan of action. I strongly recommend you retain counsel or take some time off and spend it at the local law library learning the rules of court, rules of evidence, and fundamentals of motion and trial practice.
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