Legal Question in Civil Litigation in New York
motion to dismiss a case
to whom it may concern;
my question is in regard to a slip and fall case. i would like to know what basis a judge uses to grant a motion to dimiss a case if all discovery is not documented. I was told that a judge will only review a defendant's motion to dismiss without sometimes reading the facts of the case. If all discovery is not in and witnesses are not deposed then how can he make a decision. what does he actully look for to decide whether or not a case goes to trial?
2 Answers from Attorneys
Re: motion to dismiss a case
The motion you are referring to is a "directed verdict". In such a motion the judge looks at all of the evidence. The interesting part is that the party who requests the directed verdict has a large burden of proof. All assumptions and interpretations are taken against that party for the purposes of the motion. If the case for the directed verdict is still strong, the the judge grants it. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: motion to dismiss a case
There could be many reasons that a judge might dismiss a slip and fall case prior to completion of discovery but the 2 common reasons are 1) No duty and 2) No notice. In the first, the judge could determine that a defendant is not the owner of the property or not respinsible to maintain the property for some other reason, as for the second, it is requirement of trip and fall cases that the Defendant have some way of being aware of the condition which caused the accident prior to its occurence. If there is no notice there will be no liablility.
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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