Who would we sue to have our home that was damaged by neighbor's contractor's repaired?
Full Question:
We have filed our complaint in NY State court on our neighbor whose contractors have damaged our home. We did not file against the contractors and one of the contractors is willing to settle by the neighbors attorney who sued the contractor to bring them into the lawsuit does not wish to settle this section of the case. Can we not simply amend our complaint now and sue the contractors directly?
03/17/2009 |
Category: Civil Actions |
State: New York |
#15669
Answer:
If the complaint was served more than 20 days ago, the permission of the court is required to amend the complaint.
Please see the following NY statute to determine applicability:
§ 3025 N.Y.C.P.L.R. Amended and supplemental pleadings
Rule. 3025. Amended and supplemental pleadings. (a) Amendments without
leave. A party may amend his pleading once without leave of court within
twenty days after its service, or at any time before the period for
responding to it expires, or within twenty days after service of a pleading
responding to it.
(b) Amendments and supplemental pleadings by leave. A party may amend his
pleading, or supplement it by setting forth additional or subsequent
transactions or occurrences, at any time by leave of court or by
stipulation of all parties. Leave shall be freely given upon such terms as
may be just including the granting of costs and continuances.
(c) Amendment to conform to the evidence. The court may permit pleadings
to be amended before or after judgment to conform them to the evidence,
upon such terms as may be just including the granting of costs and
continuances.
(d) Responses to amended or supplemental pleadings. Except where
otherwise prescribed by law or order of the court, there shall be an answer
or reply to an amended or supplemental pleading if an answer or reply is
required to the pleading being amended or supplemented. Service of such an
answer or reply shall be made within twenty days after service of the
amended or supplemental pleading to which it responds.
