Q: What is the proper response to a Summons and Verified Complaint?
Over a year ago I received a S&VC from an attorney in regards to a breach of contract matter. I responded with a Notice of Appearance and Demand. I heard nothing back from the attorney until about a month or so when the Attorney moved for a default judgement claiming that I did not respond to the S&VC. I opposed the motion and presented the evidence to the contrary. The Judge denied the attorney's motion but gave me 30 days to respond "properly". I thought that my Notice of Appearance and Demand was a proper response. I need to respond again but I don't know what my options are. Also I believe the SOL on this matter has expired. When should I move for a summary judgement on this? The matter is in the Supreme Court of Nassau County New York.
A: In New York, the response to a summons and complaint is an answer. A "Notice of Appearance and Demand" is a California term I think. You must have got it off the internet. The Court is right. You did not do the right thing, and you are jeopardizing your ability to win this case. You should get a lawyer. You obviously do not know what you are doing. A motion directed to the SOL issue can come in lieu of an answer, or after it, if the answer alleges that defense. Obviously, without knowing anything about your case, the propriety of such a defense cannot be determined from this post.
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