Legal Question in Civil Rights Law in New York

Does the Court of Appeals have legal power and right to dismiss an untried case?

A civil suit was originally filed in Federal Court in the

state of NY. The attorneys for the plaintiff encouraged

their client to move the case to state court for fewer

limitations. The defendants motioned for a

summary judgment and initially lost.

The defendants appealed this decision and were granted this

motion of summary judgement.

IN ADDITION, the Court of Appeals

moved to dismiss the case in behalf of defendants

and further removed plaintiff's right to appeal this

further removed plaintiff's right to appeal this decision.

without costs,award,compensatory or punitive in behalf of

the defendants without the case, witnesses or

documentation ever being heard in state court.

Is it legal right, power and legal ethics for an

appeals court to dismiss a case that's never been heard or

tried on any level of previous court preceeding that carried

a trial by jury request and what recourse does the plaintiff

now have to address this when their legal right has been

taken away...shouldn't the case now return to state court

for hearing and ruling


Asked on 11/09/03, 3:07 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Does the Court of Appeals have legal power and right to dismiss an untried c

You lost me on the Appellate decision. IT is legal for an appellate court to make am otion on Summary judgment without a case being heard, happens all the time, and in essence this is what a summary judgment means. As for the other parts of your question, they're confusing, and I have the feeling that you might not be understanding the mechanins of everything that's occurred I suggest you talk to your lawyer to get a clearer understanding of what happened, and could happen in the future.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/10/03, 10:58 am


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