In NY how likely are the courts to extend the deadline for an answer to a motion to dismiss?

Asked over 1 year ago - New York, NY

I'm involved in a breach of contract suit in NY. We filed a motion to dismiss. Opposing party now contacted us with a request to extend deadline to 3 weeks, when the original deadline is this monday. Opposing party says that if we do not grant it, they will write the court requesting it. Should we grant it? should we just let them contact the courts? of course, the more time they have the better their answer can be, so it's not something we'd prefer to grant at all.

Attorney answers (2)

  1. Eric Edward Rothstein

    Contributor Level 20

    1

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    Answered . Judges usually grant at least 1 adjournment on a motion. Consider stipulating to the request because you may want a favor down the road during the case.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Gaetano Parrinello

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I agree. They will probably get the extension. It can't hurt to be collegial with your adversary because you never know when you may have a request of your own.

    The author of this posting is a lawyer licensed to practice law in the State of New York. He specializes in... more

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