Associate Diane Fernandez Secures Complete Dismissal.
Associate Diane Fernandez successfully overcame a plaintiffs' motion to submit a late notice of claim against the firm's client, a Public Authority in New York City, leading to a complete dismissal of the case.
This matter involved an alleged trip and fall incident on a mis-leveled, broken sidewalk next to a bus depot, where the plaintiff claimed to have sustained very serious personal injuries. Initially, the plaintiff informed her legal counsel that the accident took place in front of a different location. Consequently, they appropriately filed a Notice of Claim for that site. Subsequently, the plaintiff notified her counsel that the actual location of the accident was around the corner from the originally claimed site of loss. The plaintiff then filed an order to show cause, requesting permission to submit a late notice of claim for the new location.
Attorney Fernandez firmly opposed this application, referencing Municipal Law section 50-e, which stipulates that a party must file a Notice of Claim within 90 days and initiate an action within 1 year and 90 days. While courts possess broad discretion to extend the 90-day deadline under exceptional circumstances, Attorney Fernandez contended that the statute of limitations had long since expired, and therefore, the motion should be entirely denied. The court concurred with her reasoning, resulting in the dismissal of the plaintiff's petition to file a late notice of claim.
Aggressive management of cases on behalf of Municipalities exemplifies the firm's dedication to resolving cases promptly. Attorney Hernandez recognized that the law favored the client and vigorously contested the application, potentially saving the firm's client a six-figure indemnity payment. This proactive defense strategy was instrumental in safeguarding our client from unnecessary litigation and mitigating any potential exposure. Such an approach underscores our commitment to early, strategic actions that yield concrete results for our clients.
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