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I have an out of state legal action to which sol is 5 years i mistakenly brought it to NY and thought i had 6 years till i heard

New York, NY |

order saying wrong state. the sol has run out in the other state. can i still bring it and say "i mistakenly brought the claim in the wrong forum " to toll the sols

Attorney Answers 2

  1. There is no mistake toll. On what ground was it dismissed and did you file it withi n the other state's 5 yeat sol? If the defense moved to dismiss on forumnon convienens did ask the court to condition dismissal on a wai of the sol? That is what often happens.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. You should also consult with a lawyer licensed to practice in the other state to determine whether or not you have any right to sue any longer.