Legal Question in Business Law in New York
Hi, I am a mechanic. I am being sued for "improperly repairing brakes" of Plaintiff's vehicle that caused him to get into an accident. I never repaired his brakes, was never asked to. The repair shop that repaired his vehicle post-accident also states the brakes were in fine working condition. Pretty much has nothing to do with me. I want to file a motion to dismiss in response to his insurance company's summons & complaint.
1) Would it be accurate to say it should be dismissed based on CPLR 3211 (a)(1) & (7)?
2) Do I necessarily have to provide a memo of law in support of this? I have my own affidavit as well as the affidavit of the repair shop post-accident. I have receipts of work/invoice I actually performed.
3 Answers from Attorneys
That's not a motion to dismiss under 3211. You're arguing fact, not law.
You might have a huge problem on your hands. If the suit is one for personal injuries or for property damage exceeding a few thousand dollars, you should seek out counsel IMMEDIATELY.
There are an incredible number of deadlines other than the three year Statute of Limitations which must be met and a dozen technical requirements of which you are likely unaware. For example, if you did not assert the affirmative defense of lack of personal jurisdiction or improper venue or improper service you may very well have waived one or all.
I mean this with no disrespect but your idea of moving to dismiss under 3211 is so terribly misguided it indicates to me that you're headed for trouble. You are no more qualified to represent yourself than you would be to perform your own appendectomy.
With the greatest sincerity,
Marshall
You don't have insurance? You're stlll going to need a lawyer. Motion to dismiss is not appropriate. You need to serve an answer. And disclosure demands. And then move for summary judgment. Properly handled, you should win that motion. Do it wrong and you could lose the whole case. I don't charge for an initial consultation, and my rates are actually affordable.
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