New York Law (NYLE) Practice Exam

Which response is NOT allowed in a special proceeding when dealing with subsequent questions after a counterclaim is filed?

1. Counterclaims may raise new issues.

2. A surreply to a counterclaim.

3. A request to join another party.

4. A reply to the initial answer from the opposing party.

The correct answer is: A surreply to a counterclaim.

In a special proceeding, after a counterclaim has been filed, certain responses are typically permissible, while others are not. The correct response indicates that a surreply to a counterclaim is not allowed. A surreply generally refers to a further response or rebuttal to an opposing party's reply, essentially creating an additional layer of responses beyond what is typically permitted in the normal structure of pleadings. In many jurisdictions, including New York, the rules governing special proceedings and the filing of counterclaims do not provide for the opportunity to file a surreply. On the other hand, counterclaims can indeed raise new issues, as they are treated as independent claims that can introduce additional facts and legal theories that were not present in the original complaint. Requests to join another party can also be made during a special proceeding, provided they are relevant and comply with procedural rules. Finally, replies to initial answers may be acceptable based on specific procedural allowances for addressing counterclaims or defenses raised. Thus, the prohibition of a surreply underscores the structured nature of special proceedings and emphasizes the effort to maintain clarity and efficiency in the litigation process.