Friday, February 18, 2005
Yesterday, I appeared of counsel on an Order to Show Cause before Hon. Jonathan Lippman, at 80 Centre Street in New York County. The plaintiff was a 64 year old man who fell in a hole in the roadway because a New York City Transit Bus stopped at a significant distance from the curb. The plaintiff was seriously injured due to the accident. The plaintiff improperly told his attorney that the accident occurred on March 17, 2003. Plaintiff's counsel recently received a hospital report that stated that he actual date of the accident was March 15, 2003, a mere two days earlier. It appears that Judge Lippman feels that the case should be dismissed because the New York City Transit Authority cannot properly investigate the incident because of the incorrect date. Do you think this argument is valid or is this just a harmless error?