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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I have a article 78 case against the city of new york, my questions

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I have a article 78 case against the city of new york, my questions are 1. My lawyer i feel is helping corporation counsel too much he change the venue from queens to new york court.2. My lawyer and corp counsel agreed on the change of venue they were supposed to exchange opposition paperwork and my petition, to each other. But corp counsel wont give my lawyer any paperwork and they wont return his calls or email.3. My lawyer send corp counsel a notice of entry and they still haven't filed there paperwork. Can you figure out their strategy or do you think they mite not be able to win this article 78 case and they just wanna drag this case out. We filed this case march 21 2013.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.

William B. Esq. :

Unfortunately, your question asks for very detailed and specific legal advice which I cannot provide through this website. But I can assist you with some general information regarding litigation strategy, especially early in a case (you say your matter has only been pending since late March).

William B. Esq. :

As for the change in venue, there may be a benefit to the change that your attorney feels will assist you (more favorable judges, less congested courts, or some other issue). I cannot promise this is the case, and perhaps it was done for no other reason than to accommodate counsel).

William B. Esq. :

The exchange of papers appears to have either been a delay or a bad faith tactic by opposing counsel. I will note that in general public entities are less likely than other attorneys to engage in this type of behavior, but it does of course happen. But again, this is a very new case and a delay of a month or more in exchanging documents is not unheard of in civil litigation.

William B. Esq. :

The same is true of the failure to file the notice of entry.

William B. Esq. :

As with any other issue or concern that you have with your attorney, I would strongly advise asking the attorney for their opinion as to why the delay is occurring, what your attorney's proposed strategy is in the matter, and what they plan to do about dealing with the delays. You can ask to be "cc

William B. Esq. :

(my apologies) ... you can ask to be cc'd with all correspondence going to the opposing side, including e-mail so that you can monitor the flow of information and follow up, and see what the source of the delays are and how aggressive your attorney is being. You always have the option of seeking out another attorney if you are dissatisfied with your attorney.

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

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