Legal Question in Personal Injury in New York

Re: personal lawsuit

Unfortunately, an illegal alien can bring an action in NY Supreme Court. But you can play hardball.

I recommend making the threat that you will turn him in to the INS if he does not drop the suit. I, personally, would not follow through, but it may get the suit dropped.

If the action is continued, you must rely on the same defenses as the rest of us. Fortunately, that still gives you many opportunities to defeat the action.

For example, you can characterize the accident as a 'moving violation' (he was on a vehicle) and bar the claim because of 'per se negligence' on the part of the bicycle driver.

many of these are 'affirmative defenses'. That means you must bring them to the attention of the court. Even though the judge knows them, you must still claim them or the judge may not include them in his decision.

Get a capable attorney with whom you feel comfortable and fight the action. The plaintiff will have a lot of obstacles to winning this 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

Re: personal lawsuit

There is no prohibition against an illegal alien starting a lawsuit. It is illegal to threaten prosecution of a criminal matter to gain an advantage in a civil matter. Act very carefully before making any statements that can be construed as threats towards this individual.

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.

Re: personal lawsuit

Yup

Make certain to turn the lawsuit over to your insurance company, if you have not already done so.

Good Luck

Re: personal lawsuit

yes