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.
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