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Serving a reply to bill of particulars

Discussion in 'Accidents, Injuries, Negligence' started by Iain, Apr 1, 2022.

  1. Iain

    Iain Law Topic Starter New Member

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    Jurisdiction:
    New York
    Does a reply to a bill of particulars.need to be served or can I efile this to the New York Supreme Court?

    also can I serve on the defendant or do I serve on their lawyers?

    thanks so much.
     
  2. Iain

    Iain Law Topic Starter New Member

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    New York Supreme Court
    The process server served a complaint and summons on 3rd March 2022 at 11:13am. These were hand delivered to defendant.

    Defendant only filed an an answer on 24th March. This is 21 days after service. I understood an answer must be provided in 20 days in New York Supreme Court?

    did defendant answer ?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Sort of educated guess.

    If the court has a process for efiling documents, you should be able to use it. Just make sure you follow up online to see that it's docketed.

    You serve it on the defendant's lawyer.

    Please keep all your questions about the lawsuit in this thread. I've moved the questions here and deleted the other threads.

     
    Last edited: Apr 1, 2022
  4. Iain

    Iain Law Topic Starter New Member

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    Defendant put the wrong name of the plaintiff on the answer to a complaint and summons in Supreme Court.

    given the error is the answer considered late as it named the plaintiff wrongly?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Judges don't like people who try to take advantage of technicalities, especially minor ones.

    The judge is likely to allow the defendant to correct the name or, at least, take notice in the court file as to the correct name.

    Same with delay in the answer. The judge is likely to also excuse the delay.
     
  6. Iain

    Iain Law Topic Starter New Member

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    Case is not under judicial review. Given answer was late and my name was completely wrong can I file a withdrawal without the defendants agreement?
     
  7. army judge

    army judge Super Moderator

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  8. adjusterjack

    adjusterjack Super Moderator

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    What does that mean?

    You're the one that filed the lawsuit. Why would you want to withdraw?
     
  9. Iain

    Iain Law Topic Starter New Member

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    The case was submitted but a request for judicial review has not been done yet by me.

    It is going to be very difficult. The defendant has blatantly lied in their answer which is easily shown. It may damage my health to continue this case. The defendant is known for dishonesty and obstruction. Lawyers are afraid to take them on. This may last years but if I don’t challenge them their buses will continue to kill. They mowed down a 15 year old boy on a crosswalk in February……..buses are breaking law all the time. One of these buses almost killed me.

    Left me with really bad ptsd.came within a foot of crushing me when I was crossing on the crosswalk. Cop witnessed bus breaking law and acknowledged this to me. I got his badge number.

    i am suing for negligent infliction of emotional distress (ptsd). The issue is that the bus did not hit me. I will need to challenge the interpretation of the law that physical contact must take place. The law is completely wrong on this, based on established scientific fact.

    I am collecting expert medical testimony. It’s clear that physical contact is not required for physical injury. Basically a life threatening event triggers structural physical changes in the brain that effectively are brain damage. The physical changes result directly from the life threatening experience to structurally change the neural networks. It’s why life threatening trauma leads to ptsd. It damages the physical structures of the neural networks.

    if the court goes with scientific evidence above it will cause a fundamental shift in law for emotional injuries.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    "Their buses"?

    Are you suing NY's Metropolitan Transit Authority?

    And you don't have an attorney?
     
    Last edited: Apr 3, 2022

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