Legal Question in Real Estate Law in New York
Motion for summary judgement denied
Am defendant in a partion of property owned since 1979. Requested in original answer to complaint that expenses paid for 80 percent of the mortgage, taxes, repairs, maintenance and other related expenses to the property be repaid. I lived on the property and is owned by myself and 3 siblings with our father as life resident to enjoy all the rents. Father past away in 2000 and my request to sell were ignored. We finally got the place up for sale in 2004 and they deliberatelty lost 2 very qualified buyers. After months of silence they notified me to sign an agreement which would sell the property. I counter offerred a stipulation that all expenses with receipts i possessed would be reimbursed. They denied and threatened a law suit to partition. Actually the agreement would have denied me the right to sell. The threat was a bluff. They filed suit. I beleived they tried to defraud me but have yet made that claim. How long do i have to amend that answer if so?
Subsequently they filed a motion for summary judgement twice and permission to move to a referree. Both motions were denied. The most recent was march 9,2006.
My question is how long do they have to refile a new motion or maybe possibly tell me what other course may be taken.
2 Answers from Attorneys
Re: Motion for summary judgement denied
Since issed has been joined, at this point you would need court permission to amend your Answer.
They can file a new motion at anytime IF they have new evidence. Once the motion was denied it is "law of the case." (Can't be "re-filed").
Re: Motion for summary judgment denied
You have about 20-30 days from the date of a pleading to amend it unless you make a motion to the court. I am not certain of the exact # of days.
Motions may be made almost anytime. I owuld suggest thatmaybe a lawyer might be ina better position to help you than going it alone.
Good Luck.
RRG
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