In 2005, T&R Construction was able to get a personal injury case dismissed after Nelson Barreto's attorney didn't show up for a number of court appearances.
Twenty months later, when Barreto tried to restore the case to the trial calendar, the New York County Civil Court denied the request.
On appeal, the Appellate Term, First Department, opted to cut Barreto some slack given that the delay was due to the conduct of his former attorney -- who had been suspended from the practice of law.
As far as the AT1 was concerned, the mere "passage of time" wasn't enough for T&R to establish "prejudice" nor warranted denying Barreto his day in court.
Did Barreto turn back time?
To view a copy of the Appellate Term's decision, please use this link: Barreto v. Kotaj