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New York Civil Litigation Questions & Answers
Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

2 Answers | Asked in Civil Litigation for New York on
Q: I must do a deposition and I have severe anxiety disorder. Can I do the deposition on video?

Is video deposition the same as in person?

David H. Relkin
David H. Relkin
answered on Dec 5, 2023

An application for a video deposition should succeed. Section 3113(b) of the Civil Practice Law and Rules allows for testimony to "be recorded by stenographic or other means[.]" Section 202.15 of the Uniform Rules for the New York State Trial Courts allows for depositions to be recorded... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: Frcp initial disclosure is there a specific form where it can be used as a template? How do I let witnesses know?

Frcp scheduling plan has been agreed on and initial disclosure is due within 14 days.

James L. Arrasmith
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answered on Nov 17, 2023

For initial disclosures under the Federal Rules of Civil Procedure (FRCP), there isn't a specific standardized form. However, these disclosures typically include basic information such as the names of individuals likely to have discoverable information, copies or descriptions of relevant... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 17, 2023

In cases like the Skullgirls situation you're describing, where digital content is altered post-purchase, the legal implications can be complex. For digital products, the terms of service or end-user license agreement (EULA) often give the company wide latitude to make changes. It's... View More

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Should I continue to take this to small claims court or should I take it to regular Court our home was three floors High

I received a violation ticket for demolition without a permit that proves that the house was still mine no money was exchanged yet

James L. Arrasmith
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answered on Nov 11, 2023

In determining whether to pursue your case in small claims court or a regular court in New York, consider the nature and complexity of your dispute. Small claims courts are typically suited for simpler, lower-value cases and can be faster and less formal. Regular courts can handle more complex... View More

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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More

James L. Arrasmith
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answered on Nov 8, 2023

In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Last year we loaned a cousin $2500 and were told we'd get it back in a week, so far we received $100 months ago

We also found out she has done this to many others with the same lines to the tune of over $20,000 and also sent us checks that were not worth the paper they were written on.

James L. Arrasmith
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answered on Nov 4, 2023

You might consider taking legal action to recover your funds. If the amount loaned is $2,500 and you have only received $100 back, you could potentially file a claim in small claims court, where you can sue for amounts typically up to $5,000 in New York.

Before proceeding, ensure you have...
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1 Answer | Asked in Business Law, Civil Litigation and Internet Law for New York on
Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?

I am located on Long Island, NY.

This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?

The plaintiff case was dismissed for filling to comply with court order.

Charles Holster
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answered on Oct 3, 2023

This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case... View More

2 Answers | Asked in Civil Litigation and Collections for New York on
Q: I have a case in Supreme Court Queens, PRO SE, for debt collection, the other party has answered, I need an ATTY taking

the case until get the judgment.

Thanks

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

If you're seeking an attorney, in addition to your own searches, there is a tab above, "Find a Lawyer." It lists attorneys by category and region. There are categories for collections and civil litigation. There are also attorney referral sections in the websites of state and local... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Carl Nelson
Carl Nelson
answered on Sep 16, 2023

I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month.

I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 11, 2023

Dear Queens Tenant

Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?

If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.

If that is...
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1 Answer | Asked in Civil Litigation, Estate Planning and Probate for New York on
Q: Do I need a lawyer after I signed a paper work in 2017 due for my sister to be an administrator because I nearly died ?

My mom died as well in 2017 and she had filed a lawsuit in 2014 and we had to show proof that she was our mother , so if something were to happen that we take over and what ever she would be receiving the money would be split between us . Sadly she passed and it went dormant for years until my... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2023

I'm sorry for your family's loss. It would probably be better for an attorney who practices in the Probate & Estate Planning areas to offer guidance to you. The question is posted under Civil Litigation, and that's probably why it wasn't picked up. The issues you describe... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Libel & Slander for New York on
Q: A Company calls people that dont' like censorship creeps. is this slander?

there's a product called "skullgirls" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways.

i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Calling individuals "creeps" and "predators" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement... View More

3 Answers | Asked in Civil Litigation for New York on
Q: I am being sued by a creditor. I received two summons in the mail. Are they able to serve me a summons in the mail?

I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?

T. Augustus Claus
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answered on Aug 29, 2023

In New York, a summons and complaint typically need to be served in person, not by mail. Personal service ensures that the recipient is properly informed about the legal proceedings against them. If you received a summons by mail, it might not fulfill the legal requirement for proper service. In... View More

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3 Answers | Asked in Civil Litigation for New York on
Q: I am being sued by a creditor. I received two summons in the mail. Are they able to serve me a summons in the mail?

I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?

Michael David Siegel
Michael David Siegel
answered on Aug 29, 2023

There is something called "nail and mail" service, which means another copy was supposed to be posted to your door. Thus, the mail will probably mean service was done. You have 35 days to answer, but do not wait until the last second.

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1 Answer | Asked in Contracts, Copyright, Civil Litigation and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 15, 2023

File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 15, 2023

Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More

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