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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im a defendant to a suit in NY for a breach of contract. We

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I'm a defendant to a suit in NY for a breach of contract. We filed a motion to dismiss. The last day the plaintiffs were supposed to file an answer, they asked for a extension. We agreed on a 2 week extension and signed some documents saying so. The deadline for the extension is this upcoming tuesday. It seems that they did not file the extension documents with the courts. Shouldn't they have done so? If the courts are not aware of the extension agreement, could they be already processing the case forward with just our documents requesting a motion to dismiss? Even if the extension docs were not filed, can they still file the answer to the motion to dismiss in 'time'? What's going on here and how could the case proceed forward?

Thank you for your question.

The plaintiff does not have to file the extension documents with the court unless it is needing the court to enforce your promise to allow an extension. So, it does not disqualify the agreement for an extension.

If the plaintiff does not answer at the extension, you need to contact the court and set a hearing and ask the court for a ruling on your motion to dismiss.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
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Customer: replied 4 years ago.

When we first filed the Motion to Dismiss the return date was April 1st. Wasn't that when the motion was going to be heard by the court?


You mention that if the plaintiff does not answer at the extension we need to contact the court to set a hearing. But, if the court is not aware of the extension since it wasn't filed, wasn't the hearing already set for April 1st?

No, the court does not set the hearing. You have to set motion for a hearing. The court does not schedule the hearing for you on this sort of motion (or generally any motion). Thus, you will need to contact the clerk of the court and ask for a hearing date on the motion. Ask for a date as soon after the extension date as possible. Sometimes courts will hear motions on "submission" which means that the judge will decide the motion without you having to argue in court. It is individualized as to the judge on how he/she handles this procedure.
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