Partition Action Defense Strategies

Summary

In New York, partition actions involve filing a complaint in the Supreme Court, where a referee appraises the property. If partitioning is impractical, a sale is ordered. Defenses against breach of contract include proving lack of performance, coercion, or mistake. To dismiss a case for non-compliance, file a motion with evidence of the plaintiffs failure to comply with court orders and coercive tactics. Consider consulting a local attorney for personalized advice.

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I was brought into a partition action as a defendant by my abusive ex who has used litigation tactics against me with prior evidence of domestic violence and financial control and coercion. He had been vacated the house through an order of protection and is now maliciously forcing the sale of property
I'm really sorry to hear about your situation. Here are the general steps you can take based on New York State law:
Partition Actions with Forced Sale in New York State:
*. Procedure:
- File a partition action in the Supreme Court.
- Court appoints a referee to determine the property's value.
- Court orders the sale of the property if partitioning is impractical.
Defenses for Breach of Contract in Agreed Stipulations:
- Lack of Performance: Show plaintiff didn't fulfill their obligations.
- Coercion: Prove you were forced into the agreement under duress.
- Mistake: Demonstrate there was a mutual or unilateral mistake in the contract terms.
Motion to Dismiss for Plaintiff's Non-Compliance and Coercive Tactics:
- File a motion to dismiss with the court.
- Provide evidence of plaintiff's failure to comply with court orders.
- Show instances of coercive tactics used by the plaintiff.
Would you like more detailed guidance on how to proceed with any of these steps?
Yes, all of the steps with legal principles to enforce
Sure, here’s a simplified guide for each step:
Partition Actions with Forced Sale in New York State:
*. Procedure:
- Start the action by filing a complaint in the Supreme Court.
- The court appoints a referee to appraise the property.
- If partitioning isn't feasible, the court orders the sale.
Defenses for Breach of Contract in Agreed Stipulations:
*. Lack of Performance:
- Demonstrate that the plaintiff has failed to meet their contractual obligations.
*. Coercion:
- Provide evidence showing you were pressured or forced into the agreement.
*. Mistake:
- Show there was a misunderstanding or error in the contract terms.
Motion to Dismiss for Plaintiff's Non-Compliance and Coercive Tactics:
*. Filing the Motion:
- File a motion to dismiss in the court where the action is pending.
*. Evidence of Non-Compliance:
- Gather and present evidence of the plaintiff’s failure to follow court orders.
*. Coercive Tactics:
- Document instances where the plaintiff used undue pressure or manipulation.
Would you likemore information on how to gather and present evidence for these claims?