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New York Civil Litigation Questions & Answers
1 Answer | Asked in Animal / Dog Law, Civil Litigation and Lemon Law for New York on
Q: What can we do about a baby hedgehog purchased from a dealer in CT, which died five days later? Necropsy showed abnormal

Necropsy done by the veterinarian showed abnormal kidneys. Breeder refused to refund $$ and to provide a replacement hedgehog. Implied Duty of Warrantability?

Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 1, 2021

You would need to check on the existence of any Pet Lemon Law in CT. I would recommend checking with the CT Attorney General's Office. NY Lemon Law does not apply to out of state sales.

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: My civil suit said cc adjourned last month and again this month, it now says March 31 conference what does this mean

It is also a 2 almost 3 year old case

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 28, 2021

It sounds like your conference was administratively adjourned (postponed) by the Court until March 31st. Substantively it should not affect your case at all. If you are very concerned you can always call the Court and speak with one of the clerks. If applicable, use the extra time to complete... Read more »

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Hi I had been for months trying to get someone to change my birth certificate name, someone was about to but.... P
Michael David Siegel
Michael David Siegel answered on Jan 19, 2021

You do not need a lawyer for this, but it is a hard process.

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Litigation for New York on
Q: me and my grandmother had a big fight and shes practically kicking me out. what are my options In leaving? I'm only 16.

she wont pay for anything I need anymore including famine products hygiene products or clothes or anything I need. I tried moving in my mother but my grandma said that its court ordered that I cant live with her until I'm 18. can a court do that? how can it be possible that I can live with her... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 18, 2021

First you need to speak to your mother and find out what orders if any there are. Once you know what the order says if anything, you can speak to a lawyer to get information on what to do. The alternative, is to go to family court and file a petition for support from your grandmother as she is... Read more »

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2021

Anyone can sue anyone if they pay the fee. Thus, the question is do you have a defense. It depends on what the form says. Assuming it is a true general release form, you should have a complete defense.

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1 Answer | Asked in Civil Litigation for New York on
Q: My mother just passed, she had two bank accounts with 32,000$ each, we have the will and it states that me and my broth

Receive equal do we have the bank accounts turned over to us

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

I'm very sorry for your loss of your mother. You await a response for three weeks - if you wanted to repost and add Probate and Estate Planning as categories, there could be better chances of your question being picked up. There's no guarantee all posts are answered, but the attorneys... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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2 Answers | Asked in Civil Litigation for New York on
Q: Can I sue someone that stole money from me and left me stranded it's been over 4 yrs but the person still acknowledges

The debt they amen to me this summer to talk about it can I still sue since they still acknowledge and promise still to pay me back

Michael David Siegel
Michael David Siegel answered on Nov 13, 2020

Yes. The statute of limitations is six years. But, an oral acknowledgment of the debt does not re-set the statute. Must be written.

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
Howard E. Knispel answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 27, 2020

What does the lease say? Usually, leaks, even in commercial property are the responsibility of the Landlord.

So, your options are probably:

1. Repair and deduct,

2. Sue for breach of contract, or

3. Declare the lease breached and leave.

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1 Answer | Asked in Civil Litigation for New York on
Q: 2016 civil lit case, slipped thru cracks, decision provided in a March 2020. I won. Def. files motion to reargue in Sep

How can they still file a option months later? Can only guess related to Covid?

Judge that trialed case forgot about it. I followed up since 2017 to keep active, finally got decision in March 2020.

Motion filed to reargue by def., to be referred back to orig judge.

Judge... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

Due to the PAUSE orders by Gov. Cuomo, the time to file a motion to reargue was tolled. Thus, based on your post, it appears timely. However, if there is no stay, and you have the right to enter judgment, you can do so.

1 Answer | Asked in Civil Litigation and Traffic Tickets for New York on
Q: I got a ticket for having an open can of alcoholic beverage what do I do?

Do I need a lawyer or just pay the fee?

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

What do you do? Reach out to an attorney for a quick consult. Many attorneys would offer you a free initial consult to outline your options and their fees. You could locate attorneys in or near the county where this happened in the Find-a-Lawyer tab above, or you could search independently online.... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: I need a case law regarding these?

I just need caselaw showing three things one does the HPD have to prove the name of ownership at the time they placed a notice

Can HPD make me pay relocation expenses for illegal tenants tTenants without lease or any kind of agreement to occupy the property building

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

Most law offices, including mine, have programs that provide case law. However, what you're asking is for someone to spend time researching, refining, and providing that to you. I'm not sure if this is the right forum for that. Although, perhaps one of my colleagues would be happy to... Read more »

1 Answer | Asked in Small Claims, Civil Litigation, Domestic Violence and Landlord - Tenant for New York on
Q: My sister & I own a house and her live in boyfriend punches holes in the walls out of anger. Can I press charges?

I called the police to report domestic dispute, but she refused to file a report. I didn’t know about the holes at the time. Can I call the police back, and press destruction of property charges?

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

If the boyfriend is damaging your property, there is nothing keeping you from calling to report a crime. Law enforcement will decide whether they'll arrest, cite, or charge the individual in question.

2 Answers | Asked in Civil Litigation for New York on
Q: Do I have any legal recourse since I had two rings, totaling 18,000, stolen while I was in surgery in a NYS hospital?

I had a 3rd surgery, knowing the procedures however it’s during Covid and my husband was not with me to help. I forgot to leave my rings at home. I was given bags for my stuff and put my rings in those because that’s all I was offered. I was not told there was a safe at all! After surgery, the... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 25, 2020

You can sue. Also, you might want to call a media outlet. These stories are big in COVID times. That might give you leverage.

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1 Answer | Asked in Construction Law, Civil Litigation and Land Use & Zoning for New York on
Q: NYS recently passed a law superceding a local law. The local law has provisions inconsistent with the NY law, but parts

are more restrictive. Will the local law have to be rewritten and can all the extra restrictions be added right back in?

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

As a general rule, state laws generally supersede local laws. There are settings where local laws are sometimes stricter than state or federal laws. In terms of local laws being rewritten, that could be up to city officials, based on peoples' feedback. It would be best to consult with an... Read more »

2 Answers | Asked in Civil Litigation, Personal Injury and Nursing Home Abuse for New York on
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.

All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC

Charles K Sanders
Charles K Sanders answered on Aug 16, 2020

You can talk to you and experience personal injury lawyer in your state.

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