Separating Jointly Filed Legal Actions in New York
I have filed a Motion to Dismiss COUPLED with an application to the Court to grant my family an Order for Protection. They are one document, one Index Number.
Can I separate them? If so, how do I do that procedurally? I want the Court to address the Order for Protection now, rather than as part of a trial which might not be scheduled for many months in the future, or as part of the Motion to Dismiss, which also might not come up for weeks or months.
Re: Separating Jointly Filed Legal Actions in New York
We know nothing about your underlying case. If you file two actions together and dismiss one, that should effectively mean that the litigation is about the one remaining action.
Re: Separating Jointly Filed Legal Actions in New York
Mr. K:
I'm not trying to dismiss one aspect of the case, but want to separate the 2 so that one can be addressed now, rather than weeks or months from now, which will happen if they are tied together.
Does that entail having the "separated" one getting a new Index Number?
Re: Separating Jointly Filed Legal Actions in New York
Nobody can answer that without knowing about the nature of the case itself, and its procedural history. Consult a local lawyer.