Judge granted Summary judgement, appealing

[Summer bee]

What is the name of your state? ny

Hi. I was informed that a Motion for Summary Judgement was granted to defendent, he dismissed my personal injury complaint. In his decision he stated that I (plaintiff) did not submit any expert opinion countering the defendents expert.
My lawyer said he is not interested in doing the appeal but he will aid another attorney in any way possible. I rec'd from my him all summary motion papers needed to appeal.
I gave the papers to a large firm in my area. They called and asked why i didn't have an expert opinion to counter thiers. I DON'T KNOW. This new lawyer stated that was all that was needed for this to go to trial. I have a good case.
Today I spoke with a couple of companies that specialize in work I would have needed opinions of. Without telling them about lawsuit, and just about problem with product (that was the cause of my injuries) they both stated that they have seen same problem with product. I called and left message for the lawyer that is looking into an appeal.
My question is....are you able to include new affidavits on an appeal? also, how long does it take to get results of an appeal?
I was seriously injured. Am I going to, or have I already lost, for lack of an expert opinion that would have been very easy to get?

 

[seniorjudge]

What is the name of your state? ny

Hi. I was informed that a Motion for Summary Judgement was granted to defendent, he dismissed my personal injury complaint. In his decision he stated that I (plaintiff) did not submit any expert opinion countering the defendents expert.
My lawyer said he is not interested in doing the appeal but he will aid another attorney in any way possible. I rec'd from my him all summary motion papers needed to appeal.
I gave the papers to a large firm in my area. They called and asked why i didn't have an expert opinion to counter thiers. I DON'T KNOW. This new lawyer stated that was all that was needed for this to go to trial. I have a good case.
Today I spoke with a couple of companies that specialize in work I would have needed opinions of. Without telling them about lawsuit, and just about problem with product (that was the cause of my injuries) they both stated that they have seen same problem with product. I called and left message for the lawyer that is looking into an appeal.
My question is....are you able to include new affidavits on an appeal? also, how long does it take to get results of an appeal?
I was seriously injured. Am I going to, or have I already lost, for lack of an expert opinion that would have been very easy to get?

Q: My question is....are you able to include new affidavits on an appeal?

A: No.


Q: also, how long does it take to get results of an appeal?

A: My guess is from six months to three years, depending on how crowded the docket is.



Q: Am I going to, or have I already lost, for lack of an expert opinion that would have been very easy to get?

A: I think you should talk to a trial attorney who would look at the record to see if the case is considered to be res judicata (Google that, but the lawyer will know what I am talking about). Basically, it means you have to find out if the first court decided everything against you or whether you can re-file.

 

[You Are Guilty]

Appeals from Supreme Court must be perfected no later than 9 months from the Notice of Appeal, with a decision to follow around 15-60 days thereafter. Of course, it could take less time, depending on when it's perfected.

As far as new affidavits, no, you can't submit it after the fact. If one is as easy to obtain as you think, consult a legal malpractice attorney to see what your options are.

 

[Summer bee]

Thanks for replies.
Have any of you ever heard of the Judge that Granted a Motion for Summary reversing his own decision?
The firm that is now looking at my case said that they are looking for a reason for the Judge to change his decision. Not send it to the court of appeals, but back to the same judge.
Is that judge able to consider info not pointed out by my original lawyer?

 

[You Are Guilty]

Thanks for replies.
Have any of you ever heard of the Judge that Granted a Motion for Summary reversing his own decision?
The firm that is now looking at my case said that they are looking for a reason for the Judge to change his decision. Not send it to the court of appeals, but back to the same judge.
Is that judge able to consider info not pointed out by my original lawyer?

Possibly. Sounds like they are planning a motion to renew (or reargue). That lets the lawyers argue that there is new evidence that the judge needs to consider, such as an expert affidavit, assuming they provide a reasonable excuse why it wasn't done correctly the first time.

Here's the statute:

ule 2221. Motion affecting prior order. (a) A motion for leave to
renew or to reargue a prior motion, for leave to appeal from, or to
stay, vacate or modify, an order shall be made, on notice, to the judge
who signed the order, unless he or she is for any reason unable to hear
it, except that:
1. if the order was made upon a default such motion may be made, on
notice, to any judge of the court; and
2. if the order was made without notice such motion may be made,
without notice, to the judge who signed it, or, on notice, to any other
judge of the court.
(b) Rules of the chief administrator of the courts. The chief
administrator may by rule exclude motions within a department, district
or county from the operation of subdivision (a) of this rule.
(c) A motion made to other than a proper judge under this rule shall
be transferred to the proper judge.
(d) A motion for leave to reargue:
1. shall be identified specifically as such;
2. shall be based upon matters of fact or law allegedly overlooked or
misapprehended by the court in determining the prior motion, but shall
not include any matters of fact not offered on the prior motion; and
3. shall be made within thirty days after service of a copy of the
order determining the prior motion and written notice of its entry. This
rule shall not apply to motions to reargue a decision made by the
appellate division or the court of appeals.
(e) A motion for leave to renew:
1. shall be identified specifically as such;
2. shall be based upon new facts not offered on the prior motion that
would change the prior determination or shall demonstrate that there has
been a change in the law that would change the prior determination; and
3. shall contain reasonable justification for the failure to present
such facts on the prior motion.
(f) A combined motion for leave to reargue and leave to renew shall
identify separately and support separately each item of relief sought.
The court, in determining a combined motion for leave to reargue and
leave to renew, shall decide each part of the motion as if it were
separately made. If a motion for leave to reargue or leave to renew is
granted, the court may adhere to the determination on the original
motion or may alter that determination.

 

[Summer bee]

What excuse could a new attorney use for my past attorney not getting an expert opinion?
...can an attorney use negligence of the other attorney as an excuse?

....do you know how long the new attorney has to request a motion to reargue?

...What is involved in renewing my lawsuit...or is that even possible after a summary judgement is granted?

...can you appeal the summary judgement decision if a motion to reargue is denied?