Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
That is a three point traffic infraction.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
A bill of particulars is a document which amplifies and describes in detail the allegations that are being made by the plaintiff as to the accident he or she was involved in, the injuries that he or she suffered, and the treatment that he or she underwent.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
Failing to yield the right of way is a 3 point traffic infraction.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
In many counties it is now the rule that all new lawsuits must be filed electronically. For example, in Westchester County all actions must now be filed electronically.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
Yes, there is a filing fee of $210.00.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
A lawsuit is commenced in New York by filing what is known as a summons and complaint with the local County Clerk's Office. Sometimes, the party will simply file a summons and follow that with a complaint within a short time after filing the summons
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2011
A TRO is a temporary restraining order. A judge will receive a request by a party for a temporary restraining order if that party can demonstrate that it will suffer irreparable harm unless the opposing party is prevented from doing something until the Court can review the facts and make a... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
There is a statute under the New York Vehicle and Traffic Law Section 1104 that does permit emergency vehicles (such as police, fire and ambulance) IF THEY ARE ON THEIR WAY TO AN EMERGENCY, to break certain rules of the road, including obeying traffic control signals. Thus, if this turns out to be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
This is a three point "child safety" infraction.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
You must file and serve a notice of claim, (generally within 90 days) and must file and serve a complaint within one year of a determination that you were not guilty of the crime or violation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
Before a plaintiff can file a medical malpractice case in New York, a doctor specializing in the same area of medicine must review the plaintiff's medical records and make a determination that a departure from good and accepted medical practice was committed. Thereafter, the expert confirms... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
Constructive notice is proof that a defendant "knew or should have known" about a defective condition prior to an accident, thus rendering the defendant liable for an injury arsing out of that accident. For example, even if no one told the defendant about a defective sidewalk, if it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
Unlike any type of fracture, which is automatically a threshold injury, a torn tendon may be a threshold injury but is not automatically such an injury,even with surgery. Unfortunately, the No-Fault Law is very arcane (it was instituted in 1974 before there were CAT Scans or MRI's) and it is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
No, there is no No-Fault insurance coverage for motorcycles.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
When you are in an accident, and do not have health insurance, for example, there is frequently a small amount of insurance coverage (for example, from a property owner where you tripped and fell) of possibly $5,000 or $10,000 which you may be eligible for. This is Med Pay.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
Your bills woudl be paid by the driver's no-fault insurance. Normally, when you are an occupant of a motor vehicle, the no-fault coverage of that vehicle pays the medical bills, but that is not the case when you are a pedestrian.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
You only have one year from the date of publication to file a defamation action as to any libelous statements made in this newsletter.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
The statute of limitations on a breach of warranty case is 4 years.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
There could be many possible defendants. First, the building may have a managing agent which could be responsible. Secondly, there is often an elevator maintenance company which might be liable. Third, the building ownership may be at fault as well. This is all subject to an exchange of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2011
Yes. If you are charged with going between 1-10 miles over the speed limit, that is the lowest level speeding infraction and is a 3 point ticket. The highest possible ticket is for going more than 40 miles per hour over the speed limit. If you are convicted of that infraction, you will be... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
