Vidal v. 452 Wyckoff Corp, et al (2016)
Unwitnessed fall on icy sidewalk near a supermarket - Fractured Wrist
We sued a supermarket and the owner of the property where the supermarket was located. When the property owner served an untimely answer (served several days late) we rejected it. The property owner asked the Supreme Court for permission to serve the late answer and permission was granted. We disagreed with the Court’s ruling and appealed. The Appellate Division agreed with us and reversed the Supreme Court. Since the defendant was unable to defend the case they had no alternative but to settle, without any discovery, depositions or physical examination of plaintiff.