Hi everyone
I am currently in the midst of a VERY complicated res non-reg holdover case. The first court date was last Tuesday, and at that time, the judge ordered me to pay U&O by Nov 19th, without first allowing me to seek counsel or asset a defense. The judge refused to even let me speak and state why the landlord is NOT entitled to U&O right now. However I have identified MANY errors LL's case...
I have many questions, but the most important and timely is this:
Can anyone point me to resources to show me how to properly write, file, and serve a "Pre-Answer Motion to Dismiss with Prejudice"
I am doing this Pro Se at the moment, if I can. My defenses for dismissal are failure to state cause of action, personal jurisdiction, basically several point from CPLR 3211.
Also, is it best to raise EVERY defense in the pre-answer motion and really sock it to them right off the bat?
I also plan to ask for dismissal with prejudice, as I feel I can prove that landlord brought this proceeding frivolously and maliciously. Any advice on this?
After I file this with the court, what should I expect to happen at that point? What's a general time frame as to how long it would take the court to decide? From what I understand, this basically ties the court's hand until this issue is settled...??
I have many many other questions, but I'll start here....
Thanks!