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Burke and McKiernan Granted Motion for Dismissal in Criminal Complaint Deemed Facially Insufficient

May 4, 2021

James F. Burke (Partner-White Plains, NY) and Conor McKiernan (Associate-White Plains, NY) were granted their motion to dismiss in New York City Criminal Court on behalf of a middle-aged man who was employed as a bus driver by Wilson Elser’s client, an express bus company. The plaintiff alleged that the bus driver side-swiped him while he was walking, causing serious physical injuries. The bus driver was unaware of the incident until several months later when our client was informed the driver would be arrested for leaving the scene. Since an arrest could not be avoided, Jimmy, an N.Y.P.D. veteran, arranged an appointment convenient with the detective for the driver, to surrender. All criminal charges against our client were dismissed upon our motion to dismiss based on a speedy trial violation by the prosecutor and the fact that the criminal complaint was facially insufficient. Jimmy and Conor noted that the plaintiff’s claim likely related to a civil claim between the bus company and the man who alleged he was hit by the bus, and they provided a strong response, resulting in dismissal of all of the charges.

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