Legal Question in Real Estate Law in New York

Summons question
Last year I was trying to buy a property, However I refused to close on the property because the real estate taxes was misrepresented by the real estate agent. The true taxes were almost twice the amount that the agent said it was.
I filed a summons with complain to the real estate agent, However they reply with a counter claim , suing me for commission and legal fees.
The first answer was; The court lack personal jurisdiction, because of improper service.
Questions: 1) Do I have to reserve the paper and answer the counter claim. 2) If I have to reserve the paper, how many days do I have. 3) And if I do nothing, what will happen. will I get a trial.

The summons was filed in Nassau Supreme court and was serve to the defendant in feburary.I found out about the answer two weeks ago , when I visited the court.

Thanks in advance for your help.

Asked on 4/18/06, 10:32 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: Summons question

You were required to "answer" their counterclaim within 20-30 days of service on you or you could be in default and their counter claim could be granted.

However, they were required to serve the Answer and counter claim on you not just file it w/ court. Was there an affidavit of service in the file? Important to review it.

Since you claim to have not been served with their answer to your complaint you could move for default judgment on your complaint, ignoring the answer in court file. OR, if they move against you, you claim lack of jurisdiction, never served.

FYI, improper service: They must move to dismiss within 60 days of serving their answer or they waive the right to do so.

As for the underlying claim itself, unlikely you will win as you could have found out the true tax yourself before entering into contract. If agent was your agent as a Buyer Agent and you relied on her/him, better chance but still doubtful.

Answered on 4/19/06, 10:13 am

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