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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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This is a New York Small Claims case that we (my son

Customer Question

This is a New York Small Claims case that we (my son actually, an adult) is been sued for payment for dental services. I am not sue what the attorney for the dentist is doing, or whether she is sure of what she is doing. Anyway my son received a summons to appear in small claims court, July 27, 2016 in New York County Civil Court. This summons was dated May, 5, 2016. The summons started "Take Notice that (name of apparent attorney... asks Judgement...."
My son then received a second summons dated June 24, 2016 to appear in New York County Civil Court, same location, September 14, 2016. This new summons has the name of the dentist, who will be represented by his attorney.
The question is, the new summons did not say that the old case with the July date is replaced by the new September case date. Can you advise. Are both summons active?
Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

I suggest, it appears the first summons may be incorrect and she refiled. And that your son should consider contacting the attorney to ensure there is only one case and ask her to dismiss the first matter. If she doesn't then your son can file a dismissal. He can file a Motion for Dismissal in both cases if he does not owe any money.