Senior Associate, Daniel Voronin secures dismissal of fraud-tinged labor law case in Kings County.
Senior Associate, Daniel Voronin, Esq. successfully obtained a dismissal with prejudice in a labor law case involving allegations of fraud at the King County Supreme Court. The plaintiff claimed to have sustained injuries from an unwitnessed fall while working on a construction site. Shortly after the firms's client was introduced to the case as the employer, the plaintiff's legal team filed an Order to Show Cause to withdraw from the case, stating that their client had ceased all communication with them. Despite strong opposition, the Court granted the Order to Show Cause, resulting in a two-month stay to allow the plaintiff time to secure new legal representation.
Rather than permit the case to remain unresolved indefinitely, Mr. Voronin took action on the day the stay concluded by serving a 90-Day Notice to the plaintiff at his last known address, instructing him to either continue with the prosecution or file a Note of Issue. When the 90-day period lapsed without any action from the plaintiff to resume his case, Mr. Voronin promptly filed a motion to dismiss the case due to lack of prosecution and/or willful noncompliance with discovery orders.
The Honorable Justice Brian L. Gotlieb concurred with this position that the plaintiff had entirely abandoned his case and showed no intention of continuing, leading to the Court's dismissal of the case with prejudice.
Mr. Voronin's diligent and timely handling of this case reflects Barry McTiernan & Moore LLC's commitment to aggressively managing litigation, especially under suspicious circumstances. Instead of allowing the case to remain inactive and giving the plaintiff (or a new attorney) a chance to prolong and effectuate potential fraud, Mr. Voronin acted swiftly to seek dismissal as soon as the Court permitted.