How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CrimDefense Your Own Question

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16254
Experience:  7+ years defending Misdemeanor and Felony cases.
9540344
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

I had $ 46,400.00 of property stolen. Filed a lawsuit in New

Resolved Question:

I had $ 46,400.00 of property stolen. Filed a lawsuit in New York Court. Attorney has filed a Motion to Dismiss with Prejudice.

Could I withdraw my lawsuit as a response to the Motion to dismiss with prejudice and file at another time?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. You can likely take a voluntarily dismissal and withdraw the case, refiling it again, before the statute of limitation expires. It is not uncommon for an attorney to file a motion to dismiss WITH prejudice and if anything, the Judge may dismiss it, WITHOUT prejudice or allow you to amend the complaint, if you wanted to, to correct whatever the problem/issues are. A plaintiff is not forced to proceed, so if you wanted to, you could dismiss your complaint without prejudice and would need to file the appropriate motion with the court.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

The Motion to Dismiss is because its been over a year and I didn't file a Note of Issue. Can I withdraw the complaint now or to late?

Expert:  CrimDefense replied 1 year ago.
It is at the discretion of the Judge to dismiss the case WITH prejudice and that is often an extreme order, since it prevents you from refiling the case. In a situation like this, you can try and remedy the situation and file the note of issue or if you wanted to, take a voluntary dismissal. Remember that the time is still running on the case and if you are going to refile it, you should still be within the statute of limitations.
Customer: replied 1 year ago.

How long do I have to refile? Would a letter to the Judge and Clerk asking to dismiss be enough or a Motion? What would I need to say in letter or Motion? Do I have to state Why I want to dismiss?

Expert:  CrimDefense replied 1 year ago.
Please allow me some additional time to research your follow up questions. Thank you.
Expert:  CrimDefense replied 1 year ago.
I have provided a link for you below, that states the times in which you have to refile, based upon the cause of action.

http://codes.lp.findlaw.com/nycode/CVP/2

Moreover, I have provided you with the codes regarding the situations and what must be done, for a dismissal. You need to apply your facts to what is stated and proceed in that manner.

http://law.justia.com/codes/new-york/2012/cvp/article-32/r3217

Based upon what you described above, it is going to take a motion, unless the other party is going to enter into an agreed order to dismiss it WITHOUT prejudice.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16254
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 5 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.