Danbury, CT asked in Civil Litigation for New York

Q: 2016 civil lit case, slipped thru cracks, decision provided in a March 2020. I won. Def. files motion to reargue in Sep

How can they still file a option months later? Can only guess related to Covid?

Judge that trialed case forgot about it. I followed up since 2017 to keep active, finally got decision in March 2020.

Motion filed to reargue by def., to be referred back to orig judge.

Judge forgot about this case, and a separate prior case (which I also won) so seems to be a bad trend.

The decision standing was I won. Is that still the case, or does the motion block the win? IF still stands, can I request transcript of judgement from clerk?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Due to the PAUSE orders by Gov. Cuomo, the time to file a motion to reargue was tolled. Thus, based on your post, it appears timely. However, if there is no stay, and you have the right to enter judgment, you can do so.

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