QUESTION
I got summons with verified complaint from supreme court in NY. I am not the right defendant. What should I do?
Asked on Dec 10th, 2018 on Personal Injury - New York
More details to this question:
I got summons with verified complaint from supreme court in NY. My old neighbor contacted me that she found the summons taped on the door on 5th. It is to recover personal injury and the plaintiff is asking for monetary damage relief. The notice says that I have to respond to this within 20 days and I or my lawyer has to do an electrical filing within 10 days. I read the document but it is clear that I am not the right defendant. It is about a car accident in which the plaintiff was seriously injured. I do not even know how to drive. I never own a car. Besides, the summons uses ' he' to describe the defendant. My name is not common in USA but It is for female only. I have no idea how they got my name and my old address ( I moved 2 years ago ) and linked them to the case. I would like to know what step I should take next. I would like this case to be dismissed immediately. I would like to know how I should further investigate how my name and old address got to the case.
1 ANSWER
Landlord and Tenant Law Attorney serving New York, NY
Partner at
Goldberg & Lindenberg, P.C.
You should immediately contact the Plaintiff's attorney by phone and explain the situation. Hopefully, they will agree to discontue the action. If not, you will need to have an answer submitted on your behalf. Thereafter, you can make a motion for Summary Judgment of dismissal based on you being an improper party.
Thank You,Alan J. Goldberg, Esq.Goldberg, Scudieri & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York 10017Telephone: 212-921-1600Telecopier: 212-840-3941Agoldberg@gslnylaw.comwww.gslnylaw.com
Answered on Dec 11th, 2018 at 7:04 AM
This response is for general informational purposes only. An attorney-client relationship is not being formed.