Legal Question in Real Estate Law in New York

anser to summons

I have been served a summons and I have 30 days to answer it. But on the answer document that I had topurchase, it says First Affirmative Defense , then it says counterclaim. If I am objecting to the complaintsin the summons, do i put my answer under counterclaim? Do I put anything under First Affirm. Def? I was told to seek legal advice before i do this


Asked on 3/02/09, 3:49 pm

2 Answers from Attorneys
J. Douglas Barics Law Office of J. Douglas Barics

Re: anser to summons

If you are not sure what you are doing, you should retain a lawyer. Specific advice such as what you are asking is beyond the scope of a message board.

J. Douglas Barics

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Answered on 3/03/09, 5:02 pm
Michael Markowitz Michael A. Markowitz, PC

Re: anser to summons

A counterclaim is when you are seeking money or some other legal relief from the plaintiff. If you are just answering the complaint, you do not place the information under the counterclaim.

An affirmative defense is a defense that must be pleaded and proved. Example, if the plaintiff took too long to commence the action, you, as defendant would have to plead and prove a statute of limitations defense.

Since I know nothing about the litigation, I do not know what affirmative defenses you may have to plead and prove.

Mike.

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Answered on 3/02/09, 4:06 pm


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