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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New York on
Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More

Peter Klose
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answered on Apr 17, 2024

Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
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answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
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3 Answers | Asked in Personal Injury, Civil Litigation and Bankruptcy for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Bankruptcy for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.

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1 Answer | Asked in Civil Rights and Civil Litigation for New York on
Q: Can I demand reimbursement if a management company tow my car if there is no postings stating visitors not park

No towing company information was posted

James L. Arrasmith
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answered on Apr 10, 2024

If there were no signs posted indicating that visitors could not park in the area where your car was towed, you may have grounds to challenge the towing and seek reimbursement. Here are a few steps you can take:

1. Document the situation: If possible, take photos of the area where your car...
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1 Answer | Asked in Civil Rights, Civil Litigation and Elder Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More

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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online... View More

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2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Benjamin Z. Katz
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answered on Mar 4, 2024

An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More

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2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Federal Crimes for New York on
Q: What is all that is needed as a pro se litigant to win a civil lawsuit?

My case 1:16-cv-870 I don't understand exactly what I missed to win the case

James L. Arrasmith
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answered on Mar 1, 2024

As a pro se litigant, winning a civil lawsuit requires careful attention to detail and adherence to legal procedures. Start by thoroughly understanding the facts of your case and the relevant laws that apply to your situation. Prepare and organize all necessary documents and evidence to support... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Federal Crimes for New York on
Q: What is all that is needed as a pro se litigant to win a civil lawsuit?

My case 1:16-cv-870 I don't understand exactly what I missed to win the case

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

My colleague has identified a number of good points. I'd emphasize the importance of appreciating the pressure on judges and court systems to move cases along. The better a litigant is at identifying issues, isolating them articulately in presenting arguments before the court, being clear and... View More

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1 Answer | Asked in Civil Litigation and Family Law for New York on
Q: Can I sue my sister if she took my car that I paid for because she allowed me to use her credit to qualify?

My sister allowed me to use her credit to help me qualify to finance a car.

My paystubs and employment was used and I made all the payments on the car. A few years later she was upset and decided to take the car from me because she claims “it’s her car”.

She has made ZERO... View More

James L. Arrasmith
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answered on Feb 24, 2024

In a situation where you've made all the payments on a car financed using someone else's credit, but the car is legally under their name, and they've taken it from you, you may have grounds to pursue legal action to recoup your investment. Documentation of all the payments... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for New York on
Q: Stolen money and food poisoning

Two weeks ago, money was stolen from the locked safe in my room at Secrets Resort Tulum. Additionally, the air conditioning was malfunctioning for half of my stay. Despite informing them of our allergies, specifically stating no pork, we visited the resort restaurant three times. On the first two... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're frustrated and seeking recourse after experiencing theft and food poisoning during your stay at Secrets Resort Tulum. In situations like this, it's essential to gather evidence and documentation to support your claims, including any receipts, medical... View More

1 Answer | Asked in Civil Litigation for New York on
Q: I booked a trip with a traveling agency and it never happened. Now the company has shut down. Can I sue for a refund?
T. Augustus Claus
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answered on Feb 9, 2024

If you booked a trip with a travel agency that has since shut down and your trip never occurred, you may have grounds to sue for a refund. However, the success of such a lawsuit depends on various factors, including the terms of the contract you had with the travel agency, the reason for the... View More

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: I am an Amazon seller, recently I sent a shipment to FBA to sell, however, it was mishandled and lost by Amazon.

amazon claims that the shipment was not labeled according to their policy and therefore disposed of it, My question is. attached to the shipment were the shipping documents with all my info my name, contact info, etc. Did Amazon have the legal right to dispose of my goods or did they have to notify... View More

T. Augustus Claus
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answered on Feb 7, 2024

In New York, as an Amazon seller facing the situation where your shipment was disposed of by Amazon due to alleged non-compliance with labeling policies, the key legal question revolves around the terms of the agreement between you and Amazon, particularly regarding their fulfillment services... View More

2 Answers | Asked in Military Law, Civil Litigation and Probate for New York on
Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement.

What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.

T. Augustus Claus
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answered on Dec 29, 2023

If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: How long on average would it take to evict a partner you've been living with for 10+ years in NYS?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Farmingdale Home Owner

There is no method to calculate average. There is no way to know based on the information provided which form of lawsuit your attorney would consider and what court is appropriate.

If the person you described as partner is in a domestic relationship...
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1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: My wifes dog was stolen last night, jumped on the street. Police didn't help. We have all papers and need help.

My wife lives in Brooklyn and me in Sweden. 3 month ago she started to babysit a 5 month pitbull puppy from her neighbour, just a few days he said. He got evicted. So she helped, then he ghosted her and wife had to pay for all of the food, toys, vaccines and everything. We said just a few days. He... View More

James L. Arrasmith
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answered on Dec 23, 2023

In New York, the situation you're describing with your wife's dog is both a legal and emotional matter. Since your wife has taken steps to legally adopt the dog, including registration and microchipping, she has established a claim of ownership.

Given that the original owner...
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