Legal Question in Medical Malpractice in New York

In New York state, a defendant has hired a lawyer in a civil malpractice case and an answer was made by the defendant via her lawyer and the lawyer later sent a letter to his client saying that the answer was filed on a specific date before the date the answer by law was supposed to be filed. However upon checking court records, it was never filed with the county and this was verified by two different clerks. I have three questions. 1)doesn't the law specify that the answer be filed with the county before the deadline? 2)because the answer wasn't filed, does this mean the answer is not reviewed by the judge? 3)if it wasn't reviewed by the judge, does the defendant have a reason to get the judge to review it based on the fact her lawyer may not have really been representing his client as he should have?

Asked on 10/25/13, 5:02 am

1 Answer from Attorneys

Eric Rothstein Rothstein Law PLLC

Answers don't have to be filed in a Supreme Court case. They only have to be served.

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Answered on 10/25/13, 5:40 am

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