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What should I do to work toward sanctioning plaintiff for their failure to respond to discovery, or having the suit dismissed?

Buffalo, NY |
Filed under: Lawsuits and disputes

State: New York
County: Erie

It's been 9 days since 20 business days have passed since I sent my interrogatories demand to the attorney that has been retained to sue me. I responded to his demand promptly and I have not been shown the same courtesy. I have contacted his office asking why it is so delinquent and all I was told was that he will contact me. When I asked when the lady didn't know.

A little background information. I am being sued by an accountant I've never used personally, only for my business. The account prepared my personal taxes without my authorization and is now trying to get me to pay for something I didn't agree to and never received any services from. I sent my reply to the demands by certified mail and have the receipt.

Attorney Answers 3


  1. Best answer

    I realize this is frustrating but moving for sanctions this early will only irritate the judge. Put a letter together and advise your opponent that you are trying to make good faith efforts to avoid unnecessary motion practice. If a few more weeks to by without any communication, then I would make the motion.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


  2. I agree with my colleague. Write a letter and send it to the lawyer advising him that if he does not reply within 10 days, that you will bring a motion for sanctions. The fact that you've written the letter before bringing a motion will go a long ways towards ensuring that the judge gets irritated at the other side, rather than getting irritated with you.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.


  3. You need to serve a Good Faith Letter. Has there been a preliminary conference? Without a court order, dismissal and sanactions are not going to happen.

    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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