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  #1  
Old 12-20-2009, 02:26 PM
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Join Date: Dec 2009
Location: New York City
Posts: 1

As 2 Plaintiffs we filed in Supreme against an attorney


What is the name of your state (only U.S. law)? New York
We filed a case in Supreme Court against one attorney who is a sole practitioner.
I was told afterwards that I should not have done this, because the other Plaintiff hired the same attorney for much different issues than my own.
I hired a friend to serve the attorney the summons without a complaint.
The attorney's attorney put in a demand for a complaint.
My question is how do I go about separating my case from the second Plaintiff's?
I spoke to one attorney who said that he would write one complaint for both of us even though I told him that we should only write a complaint for me, and also simultaneously put in a motion to strike the second Plaintiff from the complaint.

Another attorney said we had to write two separate complaints along with a motion to separate. What should I do? The second Plaintiff has until the July 2010 to file a civil action against the attorney. How do I go about striking the second Plaintiff from my complaint? Thank you in advance!
  #2  
Old 12-20-2009, 03:50 PM
Member
 
Join Date: Aug 2007
Location: Texas
Posts: 938
Properly preparing and serving a complaint is the easiest part of a case.

How do you expect to sustain, much less prevail, in a lawsuit against an attorney if you are having a difficult time muddling your way through this stage of the legal process
  #3  
Old 12-20-2009, 04:13 PM
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Join Date: Jun 2004
Posts: 7,925
CPLR 603 - you have to make a motion to sever, although you do not need to include a proposed severed complaint (if the SOL is not about to run). The court is under no obligation to grant it.

And since you haven't even filed a complaint yet, don't forget about filing the RJI with your motion.
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