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

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

Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

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 litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts, with a focus on courts in Staten Island, Manhattan, Brooklyn, Queens and the Bronx. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship. For more information about me, see http://www.avvo.com/attorneys/10314-ny-gaetano-parrinello-1897122.html?ref=header

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