White Plains, NY asked in Personal Injury for New York

Q: The defense attorneys in case are trying to move the case out of Brooklyn? What are the deciding factors here?

Related Topics:
1 Lawyer Answer
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • White Plains, NY
  • Licensed in New York

A: If one of the parties resided in Brooklyn of the time of the accident, that is an automatic that the case will not be moved. If residence of the parties is in question at the time of the accident, the convenience of the witnesses, both eyewitness and medical witnesses, is a critical factor. Court try to give the party that started the action, the benefit of the doubt, but if the Court believes that there was what is known as "forum shopping" (meaning that there really was no connection to Brooklyn but the lawyer knew that it is a very good plaintiff county and was trying to get the case there) there is a good possibility that the case will be transferred to another county.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.