Legal Question in Civil Litigation in New York

defendant in default

I am a pro se plaintiff. the defendant in my case filed a motion to dismiss rather than answer my S&C. after a court appearance and a conference with the judge, the defendant's motion was denied and he was ordered by the judge to answer within 30 days. He has not. I filed for an inquest and am awaiting a date. Is there any way for the defendant to get out of that? should I file for a default order? any advice on this matter would be appreciated.


Asked on 10/25/08, 9:46 pm

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: defendant in default

Yes file for a default. The inquest will assess the damages against the defendant. Perhaps, since you are pro se, the judge will automatically grant a default order.

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Answered on 10/26/08, 10:26 am
Nasir Butt Nasir Law Associates

Re: defendant in default

In such circumstances, court should issue default order rather filing it on your instance.

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Answered on 11/02/08, 12:17 am


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