Q: Hello I'm a plantiff in a civil court case in NYC. The Defendants lawyer filed a motion to dismiss. I submitted my answe
The judge said he will have an answer in 60 days. It has been already 70 days and no answer. I called the court building and was told the case is still active the clerk told me he looked in the file and the judge placed an empty answer page with nothing written on it. What am I to do? How long does the judge have until he can give an answer?
A: The court rules require motions to be decided in 60 days. It is routinely ignored and there is no enforcement mechanism. There is nothing you can do. However, as you are the plaintiff, it really does not matter. It will not impact the time for your case to come to trial, which is also quite awhile. As long as the case is not dismissed, you are good.
Tim Akpinar and Carl Nelson agree with this answer
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