Legal Question in Personal Injury in New York

personal injury

on june 23 2003 i was at a confernce hearing regarding my

lawsuit. at that time i notified the hearing officer that i was

removing my current attorney and i wanted to remove the trial date from the callender. It was granted and was told that I have a year to re-file. I was then looking for a new attorney when I received papers from the defendents attorney for a motion to dismiss for failure to prosicute.

This was on october 21 2003.The motion was granted.My

question is what happend to the year that I was told I had.


Asked on 1/30/04, 11:44 am

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: personal injury

The most important thing is not to panic or become upset. There are a variety of remedies. This case is not over!

One remedy is to file to re-open the case. Another is to just re-file the case.

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

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Answered on 1/31/04, 11:37 am

Re: personal injury

That sounds a bit odd. Initially, you had your case "marked off." When that happens, you can restore it within a year. A motion to dismiss for failure to prosecute generally follows a 90-day notice which is a document that says complete discovery within 90 days and put the case on the trial calandar. Please feel free to call me about your case. My number is 212-622-7180.

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Answered on 1/30/04, 11:47 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: personal injury

It's hard to know what happened without more information. When was the case originally filed? When was the last time prior to your firing an attorney that the case was on? Did you defend the against the motion?

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 1/30/04, 11:58 am


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