Legal Question in Credit and Debt Law in New York

Time limit on Motion to Re-Adjourn Dismissed case

Legal question -- In NY Civil Court, Kings County, when a judge in a jury trial dismisses the case because the Plaintiff does not show up even after the second calendar call on the first day, what is the time limitation by which the Plaintiff has to submit a Motion to Re-Adjourn the case as is, without having to start from a whole new Complaint?

I am in that exact circumstance. My case was dismissed this morning. The judge said � �Watch your mail. They have a right to re-adjourn the case.� I should have asked her how long that period of re-opening could persist before they would have to open a new case. The Plaintiff that didn't show up is a credit card company.


Asked on 3/27/06, 3:02 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Time limit on Motion to Re-Adjourn Dismissed case

If I understand correctly, the plaintiff did not appear for a trial. There is no time limit for a motion to vacate a default in appearing at trial. There is a general principal that governs such matters and it is called the "Interests of Justice". If the judge feels that the interests of justice would be best served by allowing the plaintiff to prosecute the action, that will be his ruling...if he feels that the interests of justice require the matter to stay dismissed, that will be his ruling. Your job is to tilt the table in your favor by arguing that allowing the plaintiff to pick up where it left off would be a travesty of justice. I don't know the facts so I cannot provide further assistance. Good luck.

Read more
Answered on 3/27/06, 4:34 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York