Legal Question in Business Law in New York

Time Bar to due process in civil litigation

If a person has filed a complaint timely in 1994 relative to 1 year and 90 days (NYC claims deadline), and has had case on docket, with 1 or 2 court appearances, but then all litigation lapsed due to judge change, attorney negligence, etc. and litigant's financial inability to retain counsel, is there any law that bars the resumption of due process via Motion to restore to calendar at this point in time?


Asked on 5/26/07, 5:18 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Time Bar to due process in civil litigation

Failure to prosecute may mean the statute of limitations has run, but it may depend on how the court handles the lapse. You need a trial attorney who can approach this the right way. After reviewing the facts and checking with the court, they may be able to simply confirm that the matter is over.

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Answered on 5/26/07, 5:31 pm
Kristen Browde Browde Law, P.C.

Re: Time Bar to due process in civil litigation

There is no law that bars the filing of the motion, however, it's far from clear that the motion will be granted. Whether it would be granted depends on the record in your case, and the nature of the claim.

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Answered on 5/26/07, 8:28 pm


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