Legal Question in Personal Injury in New York
is this a positive in my favor
My attorney has filed a Summary Judgement in my case. It has been on going for 7 yrs. The defense has had all of their motions for dismissal thrown out of the appelate and supreme courts of New York over the past 2 years. All additional moments made in front of the judge by the defense have been dismissed. Will this Summary Judgement, expedite a settlement on my behalf?
1 Answer from Attorneys
Re: is this a positive in my favor
It depends on the motion itself.
A motion for summary judgment suggests to the Court that the essential facts are not in dispute or uncontested, and that when you apply the law to the facts, you should win the case. If there is a conflict in material facts, the motion will be denied. Issues of fact are reserved for the trier of fact (jury), and issues of law are decided by the court.
You could win the entire case if summary judgment is sought on all issues. That is not a settlement, it is an actual judgment.
However, if you have a personal injury action, damages will not be certain. So it is more likely that your attorney moved for summary judgment on the liability issues in the case, and then the case can be set down for a hearing on damages.
If the Court determines that the defendant is 100% liable, then it is certainly possible that the defendant will negotiate a settlement.
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