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Voluntary Discontinuance

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nyhelp

Junior Member
What is the name of your state? NY

If the case for personal injury is dissmised via:

Voluntary Discontinuance without prejudice

What happens next? The injury itslef occured 5 years ago, NY SOL are 3 years. Can the case be reopened, and if yes how much time the plaintiff has to reopen.

Thanks!What is the name of your state?What is the name of your state?What is the name of your state?
 


You Are Guilty

Senior Member
What is the name of your state? NY

If the case for personal injury is dissmised via:

Voluntary Discontinuance without prejudice

What happens next? The injury itslef occured 5 years ago, NY SOL are 3 years. Can the case be reopened, and if yes how much time the plaintiff has to reopen.

Thanks!What is the name of your state?What is the name of your state?What is the name of your state?
Unless something tolled the SoL, then almost certainly not (and even if it was tolled, there's a good chance the answer is still "no".)

(I think you might be mixing up your right to re-open a default or to reinstate a case that was dismissed even though the SOL has run - which doesn't apply to a voluntary stip of disc).
 

SHORTY LONG

Senior Member
What is the name of your state? NY

If the case for personal injury is dissmised via:

Voluntary Discontinuance without prejudice

What happens next? The injury itslef occured 5 years ago, NY SOL are 3 years. Can the case be reopened, and if yes how much time the plaintiff has to reopen.

Thanks!What is the name of your state?What is the name of your state?What is the name of your state?
Never heard of Voluntary Discontinuance without prejudice. Did you with draw
your lawsuit? Did you have an Attorney? How long did you wait before you
filed a Law suit?

If you can convince the Court in some way to allow you equitable tolling, then,
you may be able to over come the SOL.
 

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