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Does a stipulation of discontinuance mean a case has been settled? Can I find out if there's been a settlement?

New York, NY |

This is in reference to a personal injury case. It says stipulation of continuance - post RJI. It also says two months after that under appearances "On for Supreme trial" and as appearance outcome "other final disp.,pre-note". I have a friend who owes me a lot of money and she says that her lawyer didn't want to take the offered settlement, and that the case might have to go to trial. I checked on the case and it was marked disposed quite a few months ago and no other case is there. Can another similar case be brought if there's been no settlement and that's what she means when she said the case might go to trial? Something doesn't seem right here. Please let me know if my friend isn't being honest with me. I've tried so hard to figure this out searching the net. Thank you!

Attorney Answers 5


  1. A stipulation of discontinuance is as it sounds; the matter at hand has ended. It may be with or without prejudice. With means the same issue(s) can never be relitigated; sued upon. One point, the attorney does not decide upon settlement. Only the client can. Hope this helps.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. Ask your friend to give you permission in writing for you to speak with her attorney and the opposing attorney, then send them letters with your friend's consent to ask the details from the attorneys. You can also request a lien from your friend against a settlement.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. A Stipulation of Discontinuance ends the case as Attorney Adams has explained in his answer. If your friend will not provide you with the documentation of the settlement or pay the debt she owes to you, you may have to consider taking legal action to collect your debt.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


  4. Given the notations you mentioned it sounds like the case was settled. If you have a judgment against your friend you can serve a restraining notice on his lawyer to prevent disbursement of the money.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  5. Truthfully, after giving this some thought, I agree that your friend is being dishonest with you and you need to sue her right now and convert the money owed into a judgment before she spends her settlement.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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