A previous gym I belonged to has filed suit against me in Richmond county NY. I live in Fl and have tried to settle with their attorney prior to them filing the suit. The court has been adjourned 3 or 4 times now on their part but Id like to know how to file a motion for dismissal without being present in NY? PLEASE, any direction will be greatly appreciated! FYI....I do not have the funds available to travel back and fourth to NY from FL nor do I have a lot for attorney fees so the cheaper the better please. Thank you.
If you do not have assets in NY then your FL assets will not be subject to enforcement unless a judgment is entered against you in NY. You need not be physically present to make your motion to dismiss for improper service so long as all papers are properly filed and the appropriate fees are paid.
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