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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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Hello. I am wondering if NY law requires attorneys to submit

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Hello. I am wondering if NY law requires attorneys to submit a Motion to Dismiss after submitting an Answer in order to preserve affirmative defenses.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

No, Motions to Dismiss can be filed before an answer is filed and you do not lose your window by which to file affirmative defenses.

BizAttorney :

Motions to Dismiss pursuant to 12(b)(5) are considered a responsive pleading by a court. The answer period is then tolled until the court rules on the Motion.

BizAttorney :

If the Motion to Dismiss is successful, then the suit is over. If it fails, then Defendant will be afforded 20 days by which to file an Answer. The court usually puts that verbiage in the order denying the Motion.

Customer:

Ah I see. Thank you for that response.

BizAttorney :

You are welcome, do you have any other questions?

Customer:

I do, if thats ok.

BizAttorney :

Of course, that is why I'm here.

Customer:

If a defense attorney simply files an Answer in response to a Complaint a civil suit, are they obligated to file any additional paperwork?

Customer:

in a civil suit*

BizAttorney :

Not immediately, no.

Customer:

May I ask what the possible outcomes are after an Answer is submitted? (I assume that discovery may be requested and a trial date may be scheduled.)

BizAttorney :

Yes, a lot can happen. There can be formal disovery, motion practice, etc.

Customer:

If the Plaintiff's Attorney files a Motion to Dismiss or a Motion for Summary Judgment, would that cause a trial date to be set?

BizAttorney :

No, it would not. It would cause for a hearing date to be set, but not a trial date.

BizAttorney :

You have to ask for one of those.

Customer:

Okay that sounds good. I just wanted to make sure that the NY attorney was not obligated to file a Motion to Dismiss within 10 days after submitting the Answer. Thank you so much!

BizAttorney :

You are very welcome!

BizAttorney :

Have a good night and please leave me feedback. Take care!

Customer:

You do the same and I certainly will! Byebye

BizAttorney and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Hello again. May I ask you some additional questions?

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