Q: NY CPLR 3217(b) - Do I need to Do Anything? I would like to keep the plaintiffs from coming back later and filing
I have been involved in a bogus lawsuit with a former employer. The main defendant died of cancer in 2019. They originally filed a motion to remove him; then COVID-19 happened and everything was put on hold. Now they have filed a Motion of Order pursuant to CPLR 3217(b) permitting a voluntary discontinuance of their claims against (listed all defendants). I do not have a lawyer and cannot afford a full time lawyer, however I may need to hire a lawyer to write up my answer.
(1) Do I have to do anything (the motion states that we have until June 17th to file an opposition) (2) does this dismiss the case or can they reopen it again (3) should I file something to keep them from reopening and (4) should I file something so that they do not charge me for lawyer and court costs.
A: Too many pronouns and not enough information. Are you a plaintiff or defendant? If a defendant, do you have counterclaims or crossclaims? There is a usual form for this, and in general, it is in your favor to have this happen. A lawyer could review everything for a few hundred dollars.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
