New York PIP action dismissed.
We secured the dismissal of a New York no-fault/personal injury protection (PIP) lost wages suit that carried a potential judgment of more than $1.37 million. The suit commenced in 2014, and over several years, the plaintiff was not cooperative in providing requested information. In 2018, the defense served a 90-day notice on the plaintiff, which advised that we would move for dismissal if the plaintiff did not take action or file a notice of trial within 90 days. The Rockland County Supreme Court Judge recognized that there was no activity in the case for years, but was apprehensive about dismissing the case on the spot. He scheduled an additional hearing and required the plaintiff and new counsel, if retained, to appear to discuss the case status and activity. When they did not appear, Scott successfully moved for dismissal.