I got an order to dismiss my civil case due to wrong venue in NY and needs to be brought in Florida. it was timely in NY. now

Asked 11 months ago - New York, NY

i sent in a motion asking for non conveniens order and to transfer without statute of limitations prejudice. how much time do get to submit this motion?what defenses can be raised?where can i do research on this?

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . Defendants move to dismiss cases based on forum non conveniens. Plaintiffs don't use forum non conveniens as a way to save a case after it has been dismissed. Did the defense raise forum non conveniens? If YES did you ask the Court to condition it on their waiving any statute of limitations defense? It sounds like the only option you may have is to appeal because I doubt the Judge will grant your motion because the case has already been dismissed.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . We cannot guide you by remote control because if we blow it, you can sue us for malpractice. Hire a lawyer. I wouldn't give myself a root canal.

    Good luck.

  3. Robert K. Erlanger

    Contributor Level 13

    Answered . As I understand your fact review, defendant had your New York action dismissed for "wrong venue?" What was the grounds for that, a contract provision or because there was no personal jurisdiction over defendant in New York? Otherwise, how was New York the wrong venue? Once the action is commenced in Florida (by you), you want to return it to New York on forum non conveniens grounds? That would be a neat trick.

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