How long can a lawsuit case stay active after an Answer and Counterclaims is not responded to by the party initiating the suit?

Asked over 2 years ago - Nassau, NY

Summons was served by the other party, Answer and counterclaims were made and sent several months ago but no response. They have not responded or provided any deposition requests. Their claims were false to start and documents exist to prove this from the Building dept.

Attorney answers (4)

  1. Krishnan S. Chittur

    Contributor Level 12

    1

    Lawyer agrees

    Answered . If you desire to press your counterclaims, or, for that matter, get rid of the case, you need to get court orders for compliance. Assuming you're in Supreme Court, Nassau County, you should pay the requisite filing fee and ask for a preliminary conference with the Judge.

    If you do not have a signed retainer fee agreement with Chittur & >Associates, P.C., ("the Firm"), then until... more
  2. Craig A. Post

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If it's your action or counterclaim, no one is going to press the issue unless you do. I suggest you file for a discovery conference so a judge can monitor the flow of the case.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  3. Paul Karl Siepmann

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Assuming that no Preliminary Conference has been held, and that neither side has made any applications to the court, your case could hang around indefinitely. The court won't do anything with the case until one of the parties files a Request for Judicial Intervention (RJI) and asks the court to take some action, whether that is scheduling a Preliminary Conference, or deciding a motion.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  4. Susan Pernick

    Contributor Level 15

    Answered . Let sleeping dogs lie. After a year from the last activity in the case, file a motion with the court to dismiss for failure to prosecute. You have to wait the full year. Consult CPLR 3216. If you don't know what I mean, contact a lawyer.

    I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice,... more

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