QUESTION

I need help with this Civil self defense law suit.

Asked on Jul 31st, 2022 on Litigation - New York
More details to this question:
Hi, I am at the end of a civil case which I wasn't fully aware of. Everyone in the case has been dismissed but since I never answered, there is a possibility of judgement. I am contact you to see if you can help in any way. Here is more information on the case.  https://trellis.law/case/36119/63960/2019/christopher-morrissey-v-city-yonkers-city-yonkers-fire-department-bogdan-kosilov-christopher-mitchell-rory-dolan-s-restaurnat-bar-j-m-r-restaurant-corp-rory-dolan Here is the video of the incident where you can see I was acting in self defense while my fight or flight was active. You can see that after I defend myself & co workers, I back off while he continues to attack. If there is anything you can do, please let me know and Ill get started with you ASAP. Thank you, Bogdan Kosilov
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1 ANSWER

Labor and Employment Attorney serving Mineola, NY
4 Awards
I looked up the docket. The Court granted defeault judgment against you (the only party who didn't appear) on June 15, 2021. On July 15, 2022, the Court appears to have dismissed the case against the remaining defendants. You need to engage counsel to move to vacate the default judgment. To succeed on this motion, you need to demonstrate that you: (1) have a reasonable excuse for not answering and (2) a meritorious defense. The plaintiff's attorneys contend they served you by proxy on Feb. 18, 2020 at 401 NE 1st St. (in Hallandale Beach) by giving a copy of the lawsuit to Klaudjak Kosilov and, on March 12, 2020, by taping a copy to the apartment door and mailing a copy to that address. You'll need to explain how its possible you never received notice in some detail.  Second, the Court notes in the decision dismissing the complaint against the remaming defendants that plaintiff testified you allegedly struck him with a barstool. I do not have access to anything but the docket and electronically filed papers, but the court notes that someone had photographs, you were terminated after the incident, and my guess is everyone was more than happy to throw you under the bus. Engage counsel to assess your rights, defenses, likelihood of success and whether you had any personal liability insurance coverage in place at the time of the incident. Insurance will not defend assault claims and will not pick up claims after default judgment is entered but if you can get the default vacated based on a contrary version of the incident that does not include you assaulting plaintiff, insurance coverage may be available (such as personal liability coverage in a homeowners policy). Westchester County is a reasonably strict court. The presiding Justice who defaulted you is a new to the bench. My conclusion is that your motion will be scrutnized meaning this is not a lay-up. It will cost several thousand dollars to make the motion but the alternative is having judgment entered against you.
Answered on Aug 01st, 2022 at 5:32 AM

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