Does an Order changing venue automatically restart defendant's time to answer or move? If so, is it from date of entry of order?
Corey's answer
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Answered on July 22, 2017
The CPLR does not at all tie Venue change and the time in which a defendant may answer. In fact, the motion to change venue would typically be...
Request For Extension of Time to Reply?
Corey's answer
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Answered on July 22, 2017
You are not "required" to do so. However, NY Courts are EXTREMELY lenient when it comes to late filings, even for Answers. Even in the instance...
Must the Defendant be notified when the Plaintiff is seeking a default judgment?
Corey's answer
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Answered on July 22, 2017
The defendant should be served with all pleadings as if he had answered. Typically pleadings are mailed to the last known address, and it would be...
Archived
Judge asking Plaintiff to amend the complaint before deciding on pending motion to dismiss filed by defendants? Why?
Corey's answer
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Answered on July 22, 2017
Federal Courts require that complaints contain specificity. In this situation there are probably two reasons: (1) a motion to dismiss is...
