I'm coming up for a first appearance before a NYC Housing Ct. Judge, and need to file several motions related to the case. A prior court date was adjourned by consent, having only met briefly with the Court attorney. I'm unclear as to whether there would be further adjournments allowed before trial.
I wanted to take a stab at a Motion to Dismiss. At the same time, I need to file an Amended Answer. One thing that puzzles me is would a lawyer file both those motions at the same time to be heard on the same date? It seems to me that moving for an amended answer is something of an admission that you don't expect to succeed at having the case dismissed. As lawyers, would you file both of these at once?
I also want a 3rd party enjoined, but am unclear as to the mechanism by which to do it.The 3rd party is the Co-op board of an apt. building. I feel they must be there since repairs cannot fully be addressed without their presence. Under those circumstances would you be asking for a dismissal since they're a necessary party not named in a landlord's action, or would you simply move to enjoin them?