Responding to Stipulation Discontinuing Action Without Prejudice

[leylah154]

NYSEG had me served with a lawsuit and I answered pro-se, requesting that the case be dismissed due to the courts lack of jurisdiction and NYSEG's misrepresentation of the facts. (Defense: C.P.L.R. 3211 which states that the court does not have jurisdiction of the person of the Defendant who resides in Chenango County. As well as the defamatory unsubstantiated misstatement of the facts, detrimental to the Defendant's reputation and occupation, I request that the case be dismissed.)
I received a letter in the mail today from NYSEG's attorney's. They wish to discontinue the action WITHOUT prejudice. It is still listed as an active case online. I'm assuming they want to drop the case in the original county in which it was filed and take it to the correct court with jurisdictional rights. There is no court date set, and I do not wish to sign this agreement.
How do I go about responding to the attorney's Stipulation Discontinuing Action without signing their agreement, and have it discontinued WITH prejudice? Should I respond with the same agreement, only substituting 'with prejudice' instead of 'without'?
Also, is there a way I can counter sue for the time and resources I spent defending myself, if it is not discontinued? It's not my fault NYSEG and their attorney's don't know which court has jurisdiction over the case when it is clear- I don't see why I should be required to pay their attorney's fees when I'm doing their attorney's work as well as my own.
Thank you for any answers you can provide for me.

 

[army judge]

Don't respond.
There is no legal requirement that you respond.
Send the stip with a short letter saying, I'll see you in court.

Why agree to something that has no advantage to you?

 

[army judge]

Is this a collection agency?

Why are you playing games with those creeps?

Don't dance with the devil.

This collection agency is trying to collect on a bad debt.

Go to court and defend against the bad debt.

That's how you stop these bums.

Never agree to anything they ask of you.

 

[leylah154]

Thank you for your response.

NYSEG is New York State Electric and Gas. I attached this to the response (it will give you more information on the case)-

Summary of Events:
On the night of April 11, 2008 we had a windstorm that lasted until the following morning. That morning (4/12/08), I noticed a tree branch resting on a cable wire on my rental property, next door to my residence at the time. I have contacted NYSEG in the past about branches on wires and it's obviously not a high priority for them. I have worked in the logging business for approximately 30 years and have experience in these types of situations. I started trimming the branch, and initially everything was going along well, but in the end the wind caused the branch to fall awkwardly, and with it the cable wire went down. I deny all accusations that I acted in a haphazard manner and intentionally destroyed or trespassed on the property of NYSEG.
I request the Plaintiff exhibit an itemized bill of charges incurred, including the hourly rate per worker and amount of hours billed. I was informed by the NYSEG site technician that I would be charged no more than $200.00. NYSEG was less than efficient in repairing the damage- they had multiple workers waiting around for several hours for another truck to arrive that had the equipment they needed. Then, once that truck arrived, they still didn't have the right equipment, and continued to waste time and workers waiting for yet another truck. I do not feel I am monetarily responsible for NYSEG's lack of communication between their workers, scheduling and equipment issues, or their procrastination and overall inefficiency. I was willing to pay for the equipment, and have asked for the amount I am being charged regarding the alleged hours worked to be re-evaluated. After reading the brief, I feel my character has been defamed and ask the charges be dismissed due to the extent to which circumstances were taken out of context.

 

[army judge]

Well in NY, this suit may be barred by your state's SOL.
This suit appears to be an alleged injury/damage to personal property.
If that is true, as of a few days ago, the SOL has tolled for this lawsuit.
In simple terms, the SOL may mean that NYSEG is now SOL, too.

Personal Injury: 3 years.
Fraud: 6 years.
Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 3 years.
Product Liability: 3 years.
Contracts: 6 years.

 

[leylah154]

Okay, thank you so much! Very helpful. Since they filed before April 11, should I still go to court and have them dismiss it, so if they try to re-filed in the right county it's after the SOL, or doesn't that matter? Would the Stipulation Discontinuing Action void out the original filing date if I just sign it and send it back? ..since they can't re-file anyway now because of the SOL (you're right, it's injury to personal property)..

 

[army judge]

All I can advise you to do, is to defend any action against you (or your interests), vigorously.


This is very simple.

Do NOT agree to anything.

Do NOT stipulate.

Defend, defend, defend.

They brought the lawsuit.

Do not allow them to weasel out of it, only to bring another proper action later!!!!

Defend, defend, defend!!!!