Legal Question in Personal Injury in New York

I retained a Lawyer in 2004 to pursue a slip and fall case. The accident (snow/ice) occurred in March 2004 and after numerous communications, meetings with respondents and required medical evaluations to support my case the Lawyer informed me around 2010 the Lawyer informed me that it was difficult to determine the company/business that liable and subsequently offered a very low settlement.

I refused the settlement and I continue t receive communication indicating that if I don't accept the offer I was going to lose everything - meaning zero dollars in settlement for the injury I sustained.

Around May of 2011 I received a letter from the Lawyer indicating that I should show up in Court to discuss matters regarding the Lawyer's withdrawing from the case. I was unable to keep the appointment because the time had already passed when the certified mailed was picked up

I then sent an email to the Lawyer requesting that subsequent appointment be made with sufficient time in order for me to inform my job in advance of my potential absence.

I didn't receive any further communication from the Lawyer; however, around June 2011 I received a letter from the Court stating that my case was dismissed because I did not show up for the hearing. What can I do to reestablish my case?????


Asked on 9/06/11, 12:19 pm

2 Answers from Attorneys
Matthew Schroeder

You can retain a new lawyer who can file a motion to restore your case to active status. There is a good chance that the court would allow you to resume pursuing your case since the public policy in New York is to resolve cases on the merits. You can call my office at 212-532-1200 to discuss the matter. Good luck.

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Answered on 9/06/11, 3:33 pm

A motion can be made to vacate the dismissal and reactivate your case. No guarantee the motion will succeed, but courts generally want cases determined on the merits. If your lawyer urged you to settle on account of coverage and proper party issues, I presume he had good reason. Try and arrange one last appointment, and listen to what he says. Best, MEZ

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Answered on 9/07/11, 6:21 am


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