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complaint dismissed, reply to counterclaims dismissed, now what?

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bluesmap

Member
What is the name of your state (only U.S. law)? new york state, new york city civil court

plaintiff files suit on consumer credit transaction in new york city civil court. i am the defendant.
i answer the complaint add my counterclaims within the required time.

weeks later i file a motion to dismiss complaint. motion to dismiss complaint is granted. plaintiff replies to my counterclaims by filing and sending reply to counterclaims.
i file a motion for sanctions against plaintiff (failure to comply with court order, court order was for disclosing certain documents to me by a certain date. plaintiff failed to do this. a second motion to compel compliance was ignored also.) motion for sanctions granted, plaintiff's pleading is stricken.

so what now?

the most important question i have is this: without their reply to my counterclaims it basically means they have no defense. does this mean if my counterclaims have merit i will easily win at trial? or do i need to file a summary judgment? or do i just wait until trial and tell the judge they have no defense as to my counterclaims and judgment should be entered?

please advise what my options areWhat is the name of your state (only U.S. law)?
 


Rexlan

Senior Member
If their answer was stricken then you should motion for judgment in your favor and in the amount of your claim .... don't delay.

What sanctions were granted? Striking their answer?

"Generally" when the court strikes the pleading it also enters judgment at the same time. Seems odd.
 

bluesmap

Member
If their answer was stricken then you should motion for judgment in your favor and in the amount of your claim .... don't delay.

What sanctions were granted? Striking their answer?

"Generally" when the court strikes the pleading it also enters judgment at the same time. Seems odd.
there have been a lot of "odd" events since this action began. i cant get into it until trial has ended.

as relief i requested striking their answer and a few alternatives...and i guess the striking answer is the one that stuck.

ill file motion for judgment and see what happens
 

cosine

Senior Member
there have been a lot of "odd" events since this action began. i cant get into it until trial has ended.

as relief i requested striking their answer and a few alternatives...and i guess the striking answer is the one that stuck.

ill file motion for judgment and see what happens
The advice you get here will only be applicable to a case consisting of information you post. But that is typical. I don't think I've seen any case posted here with all the facts (and there have been some LONG ones).

If you want a summary judgment or a trial date, move for it. Maybe you'll get what you ask for.
 

You Are Guilty

Senior Member
You have two options, basically.

a) move for a default judgment on the counter claims; or
b) move for summary judgment.

Each has pros and cons, but I would personally go with "b", merely because it will be significantly harder for the opposing side to get out from under a summary judgment order than a default judgment order. (Of course, a SJ motion is a lot more work to prepare and file, so be aware you do have an alternative.)

If you do go the default route, you have to file a request for an inquest where you get to do a little dog and pony show for the judge to prove that your claim has merit. It's unopposed, and many judges don't let you have free range - they will ask you the questions they want answers to - so it is not nearly as daunting a task as it otherwise might sound.

Good luck.
 

bluesmap

Member
You have two options, basically.

a) move for a default judgment on the counter claims; or
b) move for summary judgment.

Each has pros and cons, but I would personally go with "b", merely because it will be significantly harder for the opposing side to get out from under a summary judgment order than a default judgment order. (Of course, a SJ motion is a lot more work to prepare and file, so be aware you do have an alternative.)

If you do go the default route, you have to file a request for an inquest where you get to do a little dog and pony show for the judge to prove that your claim has merit. It's unopposed, and many judges don't let you have free range - they will ask you the questions they want answers to - so it is not nearly as daunting a task as it otherwise might sound.

Good luck.
MSJ as in 'plaintiff has no defense and SJ should be entered accordingly?' ive always understood SJ to be that there are no facts to dispute so judgment should be entered accordingly. is that the idea here? "their reply has been stricken and SJ would be proper as to the counterclaims"

or am i assuming wrong?

ive been granted MSJ before in another case as well as in this case. i just want to be sure i end this one correctly.

for the record a trial date has been set, its just so far into the future
 

You Are Guilty

Senior Member
MSJ as in 'plaintiff has no defense and SJ should be entered accordingly?' ive always understood SJ to be that there are no facts to dispute so judgment should be entered accordingly. is that the idea here? "their reply has been stricken and SJ would be proper as to the counterclaims"
That's basically it. SJ motions are predicated on, if there is no material dispute as to the facts, that there is no need to try the case. Here, there cannot be any factual dispute since the other side's pleading (where the facts are typically formally denied or otherwise disputed), has been stricken. In other words, instead of the court hearing two sides of the story - it just gets to hear yours. Assuming you've properly pled your causes(s) of action, you should get your SJ order.
 

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