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amending an answer

NYC Housing Court Practice/Procedures

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amending an answer

Postby anthonyindabronx1+ » Wed Jan 14, 2015 5:22 am

:bounce: How do I amend an oral answer to a holdover? I need to know what form to use. Does the answer need to be notarized, and and when and how do I serve it? We had our first hearing and the case was adjourned at the landlady’s request until mid-March. The stupid, snarky clerk who misrecorded my original answer and the date on the form now tells me I can’t amend an answer that was entered orally. What is this bullshit? Please help!
Last edited by anthonyindabronx1+ on Thu Jan 15, 2015 9:45 pm, edited 2 times in total.
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Re: amending an answer

Postby TenantNet » Wed Jan 14, 2015 12:04 pm

First, there is no such thing as an oral answer. You told the clerk what you wanted to say and he wrote it down (perhaps incorrectly). That is an "in-person" answer but not an oral answer.

As for amending, this is covered by CPLR §3025. I can't say this is the best way, but I would go back to the clerk's office (or call them first) and ask them to amend the pleading if with the time allowed. They might be able to write an amended answer and serve it. Otherwise, you can go to the court at the next appearance and make an application to amend, or you can seek help through an attorney. In Manhattan there is a Pro Se office on the first floor (not sure about the other boroughs). If you do find the correct/best way to do this, please post an update.

Civil Practice Law and Rules

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 or her 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.
Any motion to amend or supplement pleadings shall be accompanied by the
proposed amended or supplemental pleading clearly showing the changes or
additions to be made to the pleading.

(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.
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Re: amending an answer

Postby anthonyindabronx1+ » Thu Jan 15, 2015 9:44 pm

Thanks. It's the clerk's office in the Bronx. I called them today but their line was busy for over 20 minutes. I can't believe what they get away with.
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