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#1
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As 2 Plaintiffs we filed in Supreme against an attorneyWhat 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! |
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#2
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| 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 ![]() |
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#3
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| 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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