Legal Question in Civil Litigation in New York

Untimely answer with counterclaims

A complaint has been filed and the defendant has answered (with counterclaims) past the date of default. If I choose to reject the answer as untimely, must I still address the counterclaims or are they rejected along with the answer?


Asked on 7/21/07, 2:54 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Untimely answer with counterclaims

It's a little more complicated then that. Unless you made a motion, it is unlikely the Court will not eventually accept the answer, if no prejudice has occurred. Unless you have valid reason on the merits to reject the answer, it may be best to extend the courtesy.

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Answered on 7/23/07, 10:47 am


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