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As 2 Plaintiffs we filed in Supreme against an attorney

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timeless88

Junior Member
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!
 


Ronin

Member
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 :confused:
 

You Are Guilty

Senior Member
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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