Buffalo, NY asked in Contracts and Civil Litigation for New York

Q: The reason for my failure in using the statute of limitations was that just before the 6 yr period elapsed in NY.

I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.

How do you claim service if there is nothing to support that claim?

If I am not to enter a second motion to dismiss, then what route should I take. There is no signed contract available due the years that have elapsed. There is no evidence that the rental company still is in operation. There are no claims of monetary costs, and the debt collector resides in a different city and never appeared in court.

Seems odd that such action is even remotely allowed to proceed considering the years that have elapsed.

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1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.

Tim Akpinar and Carl Nelson agree with this answer

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