I will start with you since the questions I have are pretty generic, but if you don't feel you are qualified to answer I guess I will look for a NY lawyer with expertise in Civil Litigation/ Tomorrow is the oral argument on the motion to dismiss. First question.IS their motion to dismiss considered a "PLEADING" with direct reference to CPLR 3025 where it states I HAD 20 DAYS FROM DATE OF ORIGINAL SERVICE, OR 20 DAYS FROM DEFENDANTS "pleading". I have researched and although I cannot find a CPLR that does or does not refer to a motion to dismiss as a PLEADING, I have found some information written by a lawyer that does say this is a type of pleading. If not then I did misinterpret CPLR 3025 and I would have had to ask the court for leave. But keep in mind the case has not even begun. This will be our 1st appearance. 2nd question The defense asks for the dismissal for MANY reasons, one being that the case is on Documentary evidence. The only documentary evidence they have is the General Release I signed after the Civil lawsuit which would preclude me from asking for any damages for anything that happened to me prior to that release. While I mention many events that proceed that release I clearly stated this is for FOUNDATIONAL and BACKGROUD information, not to recover damages. I am only seeking to recover damages for the things that have happened in the last year (statute of limitations anyway) It is imperative that I can show the nature of the relationship as well as her LACK of CREDITABITY of which I have DOCUMENTATION of. Am I not allowed to use this for foundational reasons vs. actionable charges or causes that I am currently seeking remedy for. Lastly, for now anyway, what would be the best way to ask the judge to allow my amended complaint if in fact I would have needed to ask for leave of the court. Bot***** *****ne I am sure in this 90 degree weather the defense lawyer will deliberately get this adjourned just to inconvenience me.
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