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If my case is being obstructed from court because they dont want to give me a tolling of statute of limitatio for mental illness

Lynbrook, NY |

can i bring this to another court? the matter is in appeals now but i dont want to miss any more SOL's and want to open this up now. i dont want to wait. mental illness

Attorney Answers 3


  1. You can't lose in one court and then try again in a different court. That violates the principles of res judicata and collateral estoppel.

    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.


  2. Early in the case you you may have had a chance to withdraw your complaint/petition and bring the action in a new court, however if you are in the appeals process then it is too late under the doctrine of collateral estoppel.


  3. If mental illness is an issue, then you should definitely heed your lawyer's advice.

    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.