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If i want to toll the sols due to mental illness does the judge need to ask me for the medical information she waants?

Lynbrook, NY |

the magistrate judge said i dont need to bring in medical documents unless it survives post a summary judgement but the judge never asked and a summary judgement was made againt me

Attorney Answers 4


  1. Best answer

    If the motion is to dismiss because the statute of limitations passé prior to your filing the lawsuit and you intend to rely upon a toll for mental illness them you need to produce not only the supporting medical records an they need to be certified by the facility or practice to be admissible and you will need a sworn narrative from your doctor or he treating doctor that lays out the period of mental illness and your inability due to it to seek counsel or understand your rights during the statute of limitations.


  2. You don't provide enough information to answer this question. Was the statute of limitations on account of incompetency issue properly before the judge? What kind of case was this? Why did the judge enter an issue of summary judgment against you finding as a matter of law there was no triable issue of fact? Was the stature of limitations issue relevant or contested, or were there other grounds to dismiss your claim or defense.

    You need to have these issues reviewed by an attorney. You don't provide enough information to answer, or even really understand, the question you're asking.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  3. If mental illness is at issue, then it would be best to be represented NY an attorney.

    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.


  4. What did your attorney advise you when the summary judgment motion was made? After it was granted? You should discuss this with your attorney as the issue is fact dependent with a number of variables which your attorney knew and presumably argued, though unsuccessfully.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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