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New York Civil Litigation Questions & Answers
3 Answers | Asked in Civil Litigation for New York on
Q: I found my name online with unclaimed money from the state comptroller of NY reported by Coach Inc and it's for goods..

And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

If you do this through a law firm, they will probably charge legal fees for their services. You could look into whether you could handle the matter on your own without paying anyone. The Office of the State Comptroller has contact information - you could call or write to them to ask about basic... View More

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2 Answers | Asked in Civil Litigation for New York on
Q: If someone is holding my things on they're property and won't give them to me can I sue ?
James L. Arrasmith
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answered on Jul 28, 2023

Yes, you may have legal grounds to sue if someone is holding your belongings on their property and refusing to return them to you. This situation may involve the legal concept of "conversion" or "wrongful retention of property." I recommend seeking legal advice from an attorney... View More

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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: is it legal that POA changed beneficiary of a life insurance to themselves.

My mother made my sister POA. My sister made herself a beneficiary of life insurance policies. Is that legal.

T. Augustus Claus
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answered on Jul 11, 2023

A Power of Attorney (POA) does not grant the agent (in this case, your sister) the authority to change the beneficiary of a life insurance policy to themselves unless specifically authorized by the principal (your mother) or allowed by applicable laws.

Changing the beneficiary designation...
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1 Answer | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: What steps should I be taking to establish a pet custody agreement outside of a court?

We broke up 3 weeks ago. I have had the dog in my custody since. We both purchased the dog together a year ago.

T. Augustus Claus
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answered on Jul 5, 2023

You and your ex-partner should consider negotiating and reaching a mutually agreeable arrangement. Discuss factors such as the dog's best interests, living arrangements, visitation schedules, and financial responsibilities. It is recommended to document the agreement in writing and have both... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More

Peter J. Weinman
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answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: The driving law states in nyc a driver with a permit needs dual brakes, yet while taking the road test while you only

Have a permit and don't need dual brakes

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...

"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person...
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1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for New York on
Q: What are my rights when disputing claims of damages after moving out of an apartment?

I moved out of an apartment and the landlord, besides keeping my $630 security deposit, sent an invoice for an additional $1500, all for supposed damages. The damages were for things like paint, carpet, and blinds, all of which were 15 years old because I was a long-term tenant and the items were... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 2, 2023

I cannot imagine any collections company getting involved this early without a judgment in the landlord's favor. In Small Claims Court it usually comes down to which side of the dispute the judge or arbitrator feels best presented their case. This is known as prevailing by a preponderance of... View More

1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... View More

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

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... View More

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Looking for a small claims court lawyer in Queens NY

I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 3, 2023

What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... View More

1 Answer | Asked in Civil Litigation for New York on
Q: Violation?

Can a bank sue you if you trespass on their property? I accidentally did it first time and nothing happened.

But then I contacted the executives, and applied +was invited in for an interview, and they said I can come in, when invited for an interview. (Recruiters told me this as well.)

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2023

This is posted under "Criminal Law" but the question involves a civil action. The criminal law attorneys could advise on any criminal aspects, if applicable. I can't advise on that. In terms of the civil aspect of being sued in a lawsuit, it is always possible when entering the... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for New York on
Q: Hi I'm a bene of trust set up in 2016.Under disability.can I petition Surrogate CourtNY,pro se, to remove disability?

Under disability w/ad litem appointed, can I petition to be heard by judge, conference, or written statement, if my disability is minor (ADD) and I disagree with ad litem's actions and coercive requests for waiver liability. Spendthrift trust, cash poor,no homeowners insurance(!?!#), failure... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 17, 2023

Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining... View More

1 Answer | Asked in Business Law, Civil Litigation, Collections and Small Claims for New York on
Q: new york time to file an answer time the court filing is saying I was served on Jan 12 with an email but I was not

the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 17, 2023

First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... View More

1 Answer | Asked in Civil Litigation for New York on
Q: I sued a home inspector in Madison County, NY and won. He then appealed but his appeal was denied.

What are the steps I need to take to get the judgment as he is not paying voluntarily. Thank you

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 24, 2023

Your options are found under Article 52 of the Civil Practice Law and Rules, which contains most of the judgment enforcement devices in New York. The most common devices are bank levies and wage garnishments. These procedures involve you preparing paperwork called an "execution levy," and... View More

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: How can I get collectors to go after my ex business partner instead of me?

We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 17, 2023

You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... View More

3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2023

It could depend on what the out-of-pocket expenses are. If they were related to medical care or lost wages, no-fault would pick that up. In terms of other property damage-related expenses, it could depend on settlement terms. If you signed a release in consideration of monies received, the terms of... View More

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3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2023

Generally speaking, if your vehicle was damaged due to someone else's negligence, you can recover the difference between its market value immediately before the collision and its market value immediately after it was damaged. You can also recover damages for the loss of use of your vehicle,... View More

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3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Tim Akpinar
Tim Akpinar
answered on Jan 27, 2023

Addendum - looking at the timeline here, keep in mind that if there is association/involvement with a public entity here, it's possible there could be short of notice of claim issues (notification deadlines). Good luck

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