Need an attorney to properly amend a caption and annex pleadings in a NY Supreme Court action for evicting squatters
Budget: $750 – $1,500 USD
I need to evict some squatters from my property in Queens. The last Short Form Order issued by the judge in my ongoing case Index#: 719413/2020 states that a procedural requirement needs to be completed before a default judgment can be given. The procedural requirement refers to amending the caption and annex the pleadings based on the amended caption. (amended caption is needed because one of the squatters – “Jane Doe” had a Legal Aid Society lawyer show up, shortly before the case came up prior to issuing the Default Ejectment Order. My then attorney failed to amend the caption and make the necessary amendments in the pleadings. The judge requires this procedural error rectified before he can consider issuing the default order. To quote the judge's exact words in his Short Form Order:
"CPLR 3025[b] provides that pleadings may be amended or supplemented by a party at any time by leave of the court, upon such terms as may be just. Leave to amend the pleadings shall be freely given, absent prejudice or surprise resulting directly from the delay (see Fahey v Ontario County, 44 NY2d 934, 935 [1978]). However, plaintiff failed to annex a proposed amended or supplemental pleading pursuant to CPLR 3025[b].
Accordingly, the branch of plaintiffs’ motion seeking leave to amend the caption to add “LR” as a party defendant, is denied."
I need an experienced lawyer who can remove this roadblock by amending the caption in the proper format and making due pleadings for getting a default Ejectment Order.
If you are available and willing to take up this case, please respond quoting your fees for this engagement.
Thank you
"CPLR 3025[b] provides that pleadings may be amended or supplemented by a party at any time by leave of the court, upon such terms as may be just. Leave to amend the pleadings shall be freely given, absent prejudice or surprise resulting directly from the delay (see Fahey v Ontario County, 44 NY2d 934, 935 [1978]). However, plaintiff failed to annex a proposed amended or supplemental pleading pursuant to CPLR 3025[b].
Accordingly, the branch of plaintiffs’ motion seeking leave to amend the caption to add “LR” as a party defendant, is denied."
I need an experienced lawyer who can remove this roadblock by amending the caption in the proper format and making due pleadings for getting a default Ejectment Order.
If you are available and willing to take up this case, please respond quoting your fees for this engagement.
Thank you