Same case, two jurisdictions

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leylah154

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I was served by New York State Electric and Gas in February for a property damage claim- in my response I noted lack of jurisdiction as a reason for dismissal. I've heard nothing until today. The case is still active in that county, but today they served me again under a different index number in a different county. The statute of limitations was up on April 12 of this year, but they filed the second case on April 5. I was just served today (5/11/2011). Is it legal to have the same case active in two counties? And how long after they file the paperwork do they have to serve me?
 
It isn't the same case.

They have corrected their error, thanks to your assistance.

Now, they're coming after you in the right county.

You can defend based on the prior case. But, it isn't res judicata. They shut the ok'd case down. Or, they've filed correctly in anticipation of getting shut down.

DIY in some legal situations is more costly than hiring a lawyer!
 
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