Legal Question in Civil Litigation in New York

Plaintiff Fails to File Reply - Can Case Be Dismissed: I rec'd a Summons and Complaint for Breach of Contract from former attorney and replied within 30 days per state law. I rec'd a Reply in the mail from the attorney within 20 days, but when I asked the Court Clerk, they insist the Reply has not been filed. What do I do? Make Motion to Dismiss? Wait for Court to notice?

Asked on 4/02/12, 12:03 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.
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Unless you served a counterclaim in your answer, there was no need for the plaintiff to serve a reply, because it is not a necessary pleading. There is nothing you can do based on his failure to file it, as long as it was served on you in a timely manner. He can still file it so long as it was timely served.

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4/04/12, 1:58 pm

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