Contact us

Brooks & Berne, PLLC defeats plaintiff’s attempt to restore a case to the calendar after an administrative dismissal.

Raquel Rivera v. Shypri Realty, et al Bronx Supreme Court Index #301882/2015

Original plaintiff, Humberto Sanchez, alleged that he slipped and fell on ice in front of defendant’s building.  During the early stages of the case Mr. Sanchez died from an unrelated cause, and he was replaced by his spouse, Raquel Rivera.  In September of 2018 plaintiff’s counsel failed to appear in Court, and the judge dismissed the case.  We served plaintiff’s counsel with Notice of Entry, but then in 2020, counsel filed an Order to Show Cause to restore the case to the calendar, arguing “office error” and claiming that they never received the Notice of Entry because of an error in the address.  We opposed the motion, arguing that 1) More than a year had elapsed since service of the Notice of Entry; 2) Counsel did receive the Notice of Entry, because we annexed a copy of it on which his firm wrote “not our client” on the envelope and the Notice; and 3) Without Mr. Sanchez, there is no proof as to the location of the accident, and therefore plaintiff’s “Affidavit of Merit” is insufficient because it does not establish a duty by the defendants to Mr. Sanchez.  The Court heard oral argument, and then denied the motion, and the case will remain dismissed.

Related Posts

Leave a Reply


Contact BBH Law For More Information or case details.