Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?
Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.
All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do that. Finally after writing them a cease and desist letter, they stopped communicating with me.
All of the sudden in Nov of 02, they start up again. 13 years has elapsed and I again asked for proof of ownership. Ended up in court after a motion and requested a dismissal on the basis of the statue of limitations. Judge took a long time and rendered a decision refusing my request. Was told to answer an respond to demands in 45 days.
I want to create a motion to dismiss on the basis of time elapsed or dormancy, especially since I was never formally served. What is the format for doing so?
A: You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant now, as you appeared in the case, as per your post.
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