Legal Question in Family Law in New York

new note of issue

In a matrimonial action in which the attorney for the plaintiff tried to push thru an uncontested divorce, and the defendant caught wind of it, the matter turned into a contested action, do the plaintiff have to file a new note of issue stating that the action is now contested? Or will the old note of issue stating the matter as uncontested and the defendant in default still good? And is it proper for the Court to proceed trial without a certificate of readiness filed and no record the filing of the certificate of readiness being waived. Plus there was no motion for trial preference filed.


Asked on 6/27/03, 1:41 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: new note of issue

Whoa, step back. Before anything what the contesting party needs to do is make a motion to vacate the note of issue citing the grounds expressed here. It may be a good idea to seek legal counsel to help because there are many complicated issues that you bring up with your question.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/27/03, 2:29 pm


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