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 such retainer agreement is >entered into, neither the Firm nor any of its attorneys will represent you >nor will they be your attorney in any matter and you remain responsible for >any and all deadlines and for any statutes of limitations that may pertain >to potential claims. No attorney-client relationship exists until such >agreement is entered into; however, communications with the Firm by a >prospective client remain confidential and are considered privileged. >This email may contain confidential and/or privileged material for the sole >use of the intended recipient(s). Any review, use, distribution or >disclosure by others is strictly prohibited. If you are not the intended >recipient (or authorized to receive for the recipient), please contact the >sender by reply email and delete all copies of this message.
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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
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 relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
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, even to questioners in NY, and no attorney-client relationship is hereby created.