Legal Question in Civil Rights Law in New York

how to get a civil case dismissed.

i broke up with my ex and he

became outraged. he had criminal

charges pending against him for

domestic abuse: attempted assault,

harassment. he was arrested twice:

first after calling, emailing everyday

and attempting to assault me for

ignoring him. then again for breaking

an order of protection. while the

charges were pending he sued me

for $12k, def. of char., emotional

distr. loss wages and damage to

person. recently he pleaded guilty to

disorderly conduct which will allow

him to return to work...i got a sheriff

to serve him the answer to his

summons and bill of partic. however

the address on the summons is not

real. he is using the court to

continue to harass me. i did not

cause him to lose wages. he got

himself arrested for trying to get me

to stay in a unhealthy relationship.

how can i get this thrown out. I have

and police/incident reports.. ranging

from the burgulary of my apt. to the

vandalism of my car to the

attempted assault and numerous

harassment.


Asked on 10/12/07, 8:13 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: how to get a civil case dismissed.

Make a motion for summary judgment. I assume when he took his plea, he allocuted. Get a copy of his plea allocution from the court. Then file a motion to dismiss as his plea is res judicata.

Better yet, Get an attorney. You may qualify for a pro bono attorney from the bar association or you may be able to get free representation from one of the law school clinical programs. Every law school has a clinic program. call the schools closest to you and keep trying until you get one to help.

Good luck.

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Answered on 10/12/07, 1:16 pm


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