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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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I am currently a defendant in a civil matter in NY. This is

Resolved Question:

I am currently a defendant in a civil matter in NY. This is my first time ever going through a lawsuit. Within with my Answer document, my attorney wants to include a "Third Party Complaint" (3PC) document. Does a 3PC need to be included with the Answer document, or could it be later filed? Also will filing a 3PC then require an Answer document be provided back to me from Plaintiff?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good morning.

RayAnswers :

It can usually be done either way either together or separately.

RayAnswers :

What it does is to try to bring in a third party to deflect liability on your part.Overall its a good thing in that the third party may be held totally or at least partially liable in such a suit and third part action.

RayAnswers :

This would appear to be good strategy on the part of your lawyer to lower your chances of liability and to add another party as well.

RayAnswers :

The third party would file a response here to the claim and they would be served.Also the plaintiff may respond but overall they may be glad to add another pocket as it may benefit them overall as far as collection.Either party or both can respond to your action here to add another defendant.

RayAnswers :

In general this is good idea by our lawyer to do so.It would help you lower your chances of being held liable for all.

RayAnswers :

It is probably easier for the lawyer to add the third party claim to the answer because it is really a defense to the suit here.

RayAnswers :

Your lawyer would send you copies of the pleadings and keep you up to speed on filing it and your case here.

RayAnswers :

It is a normal proceeding where your lawyer seeks to add a third party to a suit to help you liability wise.

RayAnswers :

I appreciate the chance to assist you today.Please let me know if you have more follow up..Thanks again.

RayAnswers :

Here are the rules about adding parties in NY.

RayAnswers :

http://law.onecle.com/new-york/civil-practice-law-rules/article10.html

RayAnswers :

Thanks again.

Customer:

I'm understanding you thus far. And I always appreciate links to code. Here's some more info that may add. The original Plaintiff is Plaintiff executor_1of2, against defendant (me), as individual. The (my) third party complaint, is Plaintiff (me), as executor_2of2, against defendant (the other executor_1of2), as individual. Yes, thanks to original lawsuit, we are 2of 2 feuding executors.

RayAnswers :

Well it sounds like they are a necessary party to the suit and adding them puts them in the mix.The court would hear the various claims/counter claims, etc.And sometimes these things are settled along the way.Thats a possibility.But adding the other party at least has everybody in the mix since they really are a party to your counter claim/third party action.

Customer:

Hmmm. So sounds like the third party complaint, can/will get me some under oath/sworn responses well before maybe any likely discovery?

RayAnswers :

It's the normal progression of litigation.

RayAnswers :

And yes then that party can have discovery filed against them and be deposed as a party too.

Customer:

Thanks for the info. Thank-you.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29744
Experience: 29 years in civil, probate, real estate, elder law
Ray and 11 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.

Thanks for letting me help you Good luck with the suit appears to be progressing properly..Please let me know if you have more follow up.Thanks again.

 

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Expert:  Ray replied 1 year ago.
Good luck with the suit and thanks for letting me chat with you today.I appreciate the chance to help.

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