Legal Question in Civil Litigation in New York
in summary judgement case the defendent has answered but the plaintiff has not resopnded and the one year mark is with in a week should defendent ask for adjudgaction on the merits of the case
Asked on 3/18/13, 10:35 am
1 Answer from Attorneys
Kevin Connolly
Kevin J. Connolly
You're not making sense. If the defendant was served with a summons and complaint, you have to seek a default within a year. You ask the clerk if you were suing for a "sum certain in money," like a check. Otherwise, you have to make a motion to the court. The help for this kind of task should be inexpensive, likely under $500.
Answered on 3/20/13, 6:34 am