Q: How do I find out if my now former attorney due to his suspension for misconduct settled my case without my knowledge?
I have a suit against the City of New York for 1,000,000 in Supreme court which was filed in 1991. I did meet with the Comptroller and said attorney a few years after the case was filed in supreme Court which was the only thing that was done to my knowledge. This attorney was suspended for misconduct in 2020 and was still posing as my attorney last year telling me that he was retiring and that he was going to give my case to a friend of his for 40+ years which didn't sit well with me. He denied my request for my file on numerous occasions once stating it was a HIPPA violation. If my case was actually settled without my knowledge can he be held responsible and how should I go about it. Thanks in advance.
A: You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it). Given the age of your case, it's very unlikely that your case was settled without your knowledge. I hate to be the harbinger of bad news but, from what you've described about your lawyer, your case was probably abandoned decades ago. Even if the lawsuit was actually filed, if it the Summons and Complaint was never served on the City within one year, it would be deemed dismissed as a matter of law.
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