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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88787
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On April 1, 2013 an Attorney for a defendant that stole $ 46,400.00

Resolved Question:

On April 1, 2013 an Attorney for a defendant that stole $ 46,400.00 of property filed a Motion for a Note of Issue or a Motion to Dismiss Case.
On May 25, 2013 I filed a Note of Issue and paid $ 95.00 to Clerk.
On July 1, 2013 Attorney filed a Motion to Dismiss.
On July 10, 2013 I received a Decision and Order dismissing my case with Prejudice.

Was this legal after I filed the Note of Issue to go to trial?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you filed your note of issue before the dismissal was entered, you need to file a motion to vacate the dismissal based on that filing. It may have been that in issuing the dismissal, the court did not see the note of issue being filed and that is why they dismissed. If the note of issue was filed, the court should not have dismissed and should vacate the dismissal and if they do not, then you must file a notice of appeal within 10 days and file your appeal to the appellate division to vacate the dismissal as being improperly entered as courts favor trial on the merits.



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Customer: replied 1 year ago.

Should I request the Clerk for something that shows the Note of Issue filed?


I received a copy of cancelled check for $ 95.00.

Expert:  Law Educator, Esq. replied 1 year ago.
You should have a copy of your stamped filed note of issue, but if you do not have a copy, you can get a copy from the clerk to attach to your motion to vacate.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88787
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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