In a New York personal injury lawsuit, when a case is ready for trial, an attorney must file a Note of Issue to move the case onto the trial calendar. The Note of Issue signifies that both parties have exchanged all information and completed the Discovery phase of the legal process. In many ways, it signals what the name implies: that the parties still have an open issue and need to go to trial to resolve it. This article explains the mechanics of filing the Note of Issue.
Tag Archive for ‘Lawsuit in New York’
How Lazy and Impersonal Can a Lawyer Be? Insurance Company Responds to a Slip and Fall Case by Using Auto Accident Papers
I received some papers in a slip and fall case that are both comical and maddening. In response to a summons and complaint for a case where a woman suffered an injury in a stairway fall, the attorney for the insurance company responded with papers for an auto accident.
If you retain a lawyer to represent you in a personal injury case, that lawyer will send a claim letter, also known, as a letter of representation, to the defendant. The claim letter informs the defendant that you have a claim against the defendant and that the lawyer represents you for that claim.
The claim letter is not required by law so it is optional for a lawyer to send it. However, in New York, if the claim is against a municipality or a municipal agency, one must send a Notice of Claim within 90 days of the incident. In some areas, people use the term letter of representation to refer to the contract between the client and a lawyer. In New York, we generally refer to that agreement as the retainer or the retainer agreement.
Summary judgment occurs anytime a court makes a ruling on a case or part of a case without a full trial. A motion for summary judgment is simply a formal request by one of the parties to a lawsuit asking the judge to make a summary judgment ruling. Summary judgment rulings should only occur when there is no dispute in facts and the decision is clear and obvious. A summary judgment ruling can eliminate the need for a trial or can speed up a trial and reduce expenses by ruling on part of the case.
The New York Court of Appeals, the highest court in the state, has ruled that a driver from Syracuse who struck and killed a pedestrian while being distracted by sun glare cannot invoke New York’s “emergency doctrine.” The decision clarifies… Read More ›
On a warm September evening last year, a woman set out from her Manhattan apartment to pick up some dry cleaning. As she walked past the Frederick Douglass Houses, the woman’s right foot became stuck in a broken edge of… Read More ›
Every day, New York City mixes together millions of cars and pedestrians and, for good measure, throws in a couple of hundred thousand of bicyclists. Unfortunately, these ingredients create a recipe for accidents. We all know of dangerous roadways (the… Read More ›