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answered on Aug 2, 2011
Yes. A motion can be made to the Court for a "special preference." The motion woudl include a report from the plaintiff's treating doctor about the bad diagnosis and plaintiff's limited life expectancy and the motion will be granted.
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answered on Aug 2, 2011
If one of the parties dies, a representative of that party's estate must be appointed to replace the party. The Representative could be a spouse, another family member, or if the person died without a will, the public administrator of the county where the case is pending can be appointed on... View More 
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answered on Aug 2, 2011
Although the case can be settled, it must be done in Court under the supervision of a judge, who must approve the settlement and issue what is known as an "Infant Compromise Order." The judge will review the settlement, see your child, review the medical reports, and decide whether the... View More
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answered on Aug 2, 2011
Good question. The answer is no, they cannot, as the Vehicle & Traffic Law does not permit the introduction into evidence of prior moving violations to prove that you committed this one.
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answered on Aug 2, 2011
Pursuant to the Pubic Authorities Law, the case must be commenced within one year of the date of the accident, after giving the MTA Bus Company a thirty day opportunity to resolve the case. Note that this is less time to start a case than is permitted to start a lawsuit against a municipality under... View More
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answered on Aug 1, 2011
You need to make a request to the judge on your case that he exonerate your bail and explain to the judge the circumstances of losing your receipt. The judge can order that the clerk r return the money to you.
I have been unable to lify a security freeze on my information for the last 3 weeks. Experian's automated system keeps ending each attempt with "Unable to process you request right now. Please try again later." However, they charge my credit card $5.44 for each call. I'm... View More
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answered on Aug 1, 2011
You might try contacting the New York State Attorney General's Office. Either they could advise you or they may be able to direct you to another agency that could be of help.
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answered on Aug 1, 2011
At any law library, (sometimes Supreme Courts have libraries open to the public) you can find form books. Books such as Bender's, West or McKinney's have books called "forms of pleading", and if you look up the section under torts, you should find a form for tortious interference with contract.
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answered on Aug 1, 2011
Unfortunately, this conviction cannot be removed for your record. Only convictions which are sealed at the time of the conviction, or youthful offender convictions, are not disclosed in the future, but there are no convictions to a criminal charge which can be "removed" from your record.
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answered on Jul 31, 2011
No, you can pay the assessment over a three year period in three equal installments or all at once.
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answered on Jul 31, 2011
This is a doctrine which is no longer in effect in New York (it was repealed in 1975) which holds that if a plaintiff is even 1% at fault for his or her own accident, they cannot recover any damages for their injuries.
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answered on Jul 31, 2011
The doctrine of comparative negligence examines the negligence or carelessness of each of the parties and "compares" them to determine the percentages of fault in a case. For example, if a plaintiff (person who is suing) is 30% at fault for an accident, then the plaintiff could only... View More
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answered on Jul 31, 2011
Assumption of risk is a defense asserted by defendants in cases where it is claimed that the activity that the plaintiff was engaging in was risky, such as skiing, skydiving, bungee jumping, or a whole list of sports such as basketball, football, hockey and lacrosse, as a few examples. The... View More
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answered on Jul 31, 2011
Mitigation of damages means that the plaintiff, or person who is suing, take measure that can reasonably be taken to reduce the amount for damages he or she suffers. For example, mitigating damages in a personal injury case would be to follow a doctor's orders to obtain physical therapy... View More
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answered on Jul 29, 2011
There is no statutory requirement that you agree to perform the field sobriety tests when the officer asks you to do so. However, at trial, the DA will probably be permitted to introduce your refusal to perform these tests as some evidence of guilt in the drunk driving case against you. Unlike... View More
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answered on Jul 29, 2011
The standardized Field Sobriety Tests are the horizontal gaze nystagmus, during which the officer examines involuntary movement of the eyes while following a stimulus, the "walk and turn", in which the person is asked to walk along a straight line, heel to toe, for nine steps and then... View More
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answered on Jul 29, 2011
The basic ways are either bringing a suit which involves a federal question or federal statute, or having a case between citizens of different states (known as a diversity case) an in which the amount being sued over exceeds $75,000. In the diversity example, it is important to remember that all... View More
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answered on Jul 29, 2011
The cost should be approximately $50.00 to $60.00.
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answered on Jul 29, 2011
Yes, you are permitted to take the Drinking Driver Program once every 5 years.
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answered on Jul 29, 2011
If the officer does not appear for the first scheduled hearing, it will be adjourned by the Judge. If the officer does not appear the second time, the judge will proceed with the hearing utilizing the police report and report of refusal as evidence of the alleged refusal.
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