Expired Statute of Limitations

Sirs:

I am an Operations Manager for a collection agency who is trying to help out his poor father.

Many moons ago he had a repossessed vehicle.

This year (*just* after the statute of limitations hassed.. 6yrs in NY) he received a summons and complaint.

I answered the complaint for him with defense of expired S.O.L. and counter claimed FDCPA violations, since when they were trying to collect it, we requested debt validation letters which were not responded to.

I filed an RJI, notice of motion and a motion for summary judgement dismissing their claim (due to SOL being up) and awarding ours. (complete with affirmations and affadavits)

The plaintiff ALSO filed an RJI and motion simultaneously seeking summary judgement denying OUR claim and awarding theirs.

The judge denied both motions due to items of material fact being unclear, namely the validity of the debt.

I have now received ANOTHER RJI from the plaintiff and a notice for trial demanding trial w/o a jury.


My questions are these:

Can I file a new motion to dismiss based solely on SOL being up and if I do, do I have a better shot because the only basis for my claim for dismissal is SOL, rather than debt validation issues? (No, the plaintiff hasn't brought forth any tolling issues, as of yet.)

How do I go about demanding a jury trial for my father? Do I have to file a separate RJI or just a notice of trial and demand a jury trial?

Should I do both, just to be safe or is one sufficient?

Also, I hold power of attorney, which legally means I can serve in court as my father's attorney-in-fact, trying the case just like a regular attorney.

I need some help here, and quick. The Plaintiff's RJI is "expedited."

Thanks so much.