QUESTION
What happens if the judge decides that our case that is going before her in summary judgement has to go before a trial and we can't afford it?
Asked on Jun 30th, 2018 on Civil Litigation - New York
More details to this question:
We have been in a civil lawsuit for five years. Deadlocked because our partner won't buy , sell or negotiate. We are going into summary judgement to try to end this, but have lost all of our savings through litigation and can't afford a trial. What do we do if it is not resolved through this judgement. We are really afraid of the consequences of the summary judgement, but our lawyer claims that the judge ordered it to get this out of court and resolved?We are in Manhattan, New York. A very famous, family restaurant which we do not want to lose. Any advice will be helpful. Greenwich Village area.
1 ANSWER
1 Award
It is inconsistent to say that you have no money to litigate but that the case is worth litigating. You may have a cash flow issue, but that is not the same thing. Given all you claim to have spent, you are really confused about the case in a way that concerns me. Summary judgment is a motion that says that the documents and law can resolve the case, so an in person trial is not needed. It has nothing to do with arbitration, which is what the court often orders to save legal fees. If there is this much on the line, you need better advice.
Answered on Jul 02nd, 2018 at 2:26 PM