Anatomy Of Bad Lawyering – Part II

Anatomy of Bad Lawyering – Part II


Part I ended with the parties having served cross-complaints:  first Acme served Smith, then Smith served Acme.

Both complaints addressed the same nucleus of operative facts- the exact same lawsuit now, in fact, existed TWICE.  Rather than move to consolidate the actions,  Acme files a motion to dismiss.

[definition of a “motion”:]

Seems like a great idea:  get rid of the pleading that was filed second.

[definition of a “pleading”:¬†pleadings:¬†complaint or petition, answer, reply, (and bill of particulars)- see¬†][/one_half]






However, unfortunately for Acme, ¬†Smith had an absolute right to file his own complaint, because there is no “mandatory joinder” in New York State courts. See¬†, page 30-31.¬†NOTE: this document will automatically download as a Microsoft Word file.

Acme’s only option here, and one that arguably HAD to be made, was a motion to consolidate (CPLR ¬ß 602) the two actions into one action, under one index number, and filed under one E-file docket.



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