my father had a claim pending from a slip and fall accident y recently passed away now the lawyer does not want to continue

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Sorry to hear about your loss. Your lawyer probably does not want to pursue the claim because now there is an issue of probate, which can be complicated. You may need to spend money on the probate, since your father's claim has to be handled by the Administrator of your Father's Estate, who has to be appointed and/or approved by the Probate Court. Also, without your father as a witness, there may not be enough evidence to prove the case, and/or not enough damages. Feel Free to call my office if you need to discuss this matter further.
Sincerely,
Tanya Gendelman, Esq.
www.wesettleclaims.com

To answer your question first, it's going to be hard to get another lawyer to take the case on behalf of your father. Technically, the retainer agreement between your father and his attorney terminated on your father's death. Therefore, his lawyer would be under no obligation to continue to represent your father. Nevertheless, he may have an ethical obligation to notify his next of kin of their options, and it appears that he has done so by informing you that he does not wish to proceed further with your father's case.

In New York, you have a number of legal issues that are involved in a slip and fall claim against the City of New York, if, indeed, that's the entity on which your father's lawyer served the Notice of Claim. (He could also have served, for example, the New York City Housing Authority, if the slip and fall accident took place on Housing Authority property.) There could also be a claim against the land owner of the property on which or adjacent to which the accident occurred. As one of the attorneys who answered your question previously noted, that claim is now complicated further by the estate proceeding that needs to be commenced in order to continue your father's case. Since cases against the City and other municipal entities normally carry a year-and-90-day statute of limitations, you don't have much time left if you wish to pursue a case on your father's behalf.

The first thing I would suggest you do is get a copy of the Notice of Claim. The second, which might be a little more difficult and cumbersome, would be to get a copy of the rest of the attorney's file.

Certain things should have been done in order for your father's claim to have been preserved, the most important of which would be to have preserved your father's testimony at what's known as a "50-h hearing." A "50-h hearing" is an opportunity for a municipal entity such as the City of New York to take the testimony of the claimant concerning the accident and his injuries. It's possible, since the Notice of Claim was served back in February, that your father did indeed testify at a 50-h hearing, as they're often held within 90 days after the Notice of Claim is served but not always. If your father's testimony was preserved, then your chance of continuing his case is increased. If not, you may not be able to prove liability and/or damages, and the chance of finding an attorney willing to take the case is slim.

I practice in New York City. Obviously, there are many questions that need to be answered before an attorney can decide if your father's case is worth taking. If you'd like to talk to me more about it, please feel free to e-mail me.