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Questions Answered by David H. Relkin
4 Answers | Asked in Personal Injury, Legal Malpractice and Collections for New York on
Q: What can I do if my lawyer hasn't sent awarded money from a judgment?

I won my personal injury judgment, but I haven't received any of the awarded money from my lawyer. It's been over a year since I started trying to get my settlement. I haven't been able to get in touch with my attorney or their office, and answers provided previously were not... View More

David H. Relkin
David H. Relkin
answered on Jun 9, 2025

Assuming everything you say is true, that would clearly violate an attorney's ethical obligations. You should send a final letter by certified mail, return receipt requested, demanding your portion of the settlement and giving him ten days to remit the funds, after which you will report him to... View More

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5 Answers | Asked in Libel & Slander, Civil Litigation and Personal Injury for New York on
Q: Should I serve the RJI in my NY defamation case?

I am currently involved in a New York State Supreme Court defamation case against a former manager. I've filed an RJI to add a lawyer and request a preliminary conference. The court clerk mentioned that I don't need to serve the RJI to the defendant, but online resources suggest... View More

David H. Relkin
David H. Relkin
answered on Apr 28, 2025

Based on your question and the Clerk's answer to your question, it seems that you do not need to mail or serve the defendant in your action with the RJI. While you did not specifically state that your case is on NYCEF, the electronic database for all actions in the State of New York, it seems... View More

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4 Answers | Asked in Arbitration / Mediation Law and Contracts for New York on
Q: Understanding court order after arbitration loss in NY

I was involved in an arbitration concerning an advanced commission breach of contract dispute. When I left the company, my ledger showed a negative balance. The arbitration ruled in their favor, even though I wasn't present to defend myself. Now, I've received a letter stating they will... View More

David H. Relkin
David H. Relkin
answered on Apr 1, 2025

The key issue in responding to you is whether you "participated" in the arbitration. You say both that you were "involved in an arbitration" and that you "[weren't] present [at the arbitration] to defend yourself." Participating can be an issue of fact, so you... View More

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3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: Respondent missed deadline for amended complaint response; next steps for default judgment?

I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More

David H. Relkin
David H. Relkin
answered on Mar 27, 2025

You need to first check the Judge's Rules. Then, if there is nothing governing this issue, submit a simple motion to enter a judgment upon default, stating the facts you recite in your question, and submit a proposed default Order and Judgment.

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3 Answers | Asked in Civil Litigation for New York on
Q: Do I need to reply to a lawyers Subpoena at the lawyers office for me as a witness? Do I have to even show up?
David H. Relkin
David H. Relkin
answered on Feb 12, 2025

It depends on the type of subpoena. If a subpoena duces tecum states a date and time for you to appear at the attorney's office, the answer is yes, you are required to appear with any documents requested. (I assume this subpoena was issued in proceedings after a judgment was entered against... View More

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2 Answers | Asked in Probate for New York on
Q: If I was left money and items by a person who passed away unexpectedly am I able to still get those? He never had a will

I have proof the items belong to me.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

A person who dies without a Will (Intestate) leaves all of his real and personal property to his next of kin, in order of closeness. You say, however, that the personal property of the person who passed away (the Testator) is owned by you and that you have proof.

There are two ways...
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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: What happens if someone breaks a real estate contract/intent to sell contract? What are my options

I'm in the process of buying a home from a less than friendly seller (who lives in another house elsewhere). In late Feb 2024 the two of us met to sign a contract which stated his intent to sell me the property, the price, and some other minor details. He hired the lawyer who wrote it up, we... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will... View More

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1 Answer | Asked in Business Formation for New York on
Q: Good evening, I have a business name registered as a not for profit in NYS. Can I change it to an LLC?

I registered the name in New York State as a not for profit organization. I have not done anything thereafter--all I have is just the name. However, I realize that I would rather have a LLC instead. How can I change the name to a LLC? Or must I come up with another name and register it as an LLC?... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You say you registered a "name". And, in another place, you call the existing not-for-profit entity an "organization." Even if it were an LLC, you need to form a new LLC since that entity was formed and exists under a special provision of the law. If there were significant... View More

3 Answers | Asked in Contracts and Real Estate Law for California on
Q: What kind of contract should I sign between a real estate agent and a wholesale buyer? We want to partner to buy homes.

I (a wholesaler) want to partner up with a real estate agent to help me find properties to sell to my investors (who are cash buyers). I contacted an agent who said to send over a contract between our partnership to ensure terms and agreements of work and profit. Would I use a buyer's... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You fail to describe the exact nature of your business. Are you looking for the Agent to find you properties that you would contract to buy and then remarket (or, "assign contracts," as you put it) to investors? Have you signed the investors to an LLC? This might work but there are... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

First, a motion to dismiss scuttles the trial dates until it is decided. After the Court issues a Decision on the motion, there should be a Trial Conference to schedule new dates and procedures for pre-trial disclosure.

And, while the CPLR (not even the Uniform Trial Rules promulgated by...
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2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for Pennsylvania on
Q: I recently had a $30,000 judgment in my favor back in October have not gotten any money yet why

It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything

David H. Relkin
David H. Relkin
answered on Mar 18, 2024

This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More

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2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Should a demand letter include a threat of advertising the complaint against the defendant/company ?
David H. Relkin
David H. Relkin
answered on Feb 2, 2024

Creditor-debtor law, whether litigation or negotiations is about obtaining an advantage without undermining your own position. There is a rule of defamation (or libel) that anything that is contained in a pleading filed with a Court is absolutely privileged and hence cannot be a basis for libel.... View More

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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

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2 Answers | Asked in Civil Rights and Business Law for California on
Q: Can I add a cause of action to a california federal court case?

I filed a case in Superior court of los angeles. The defendant removed it to federal court. Can I add a cause of action to that? they recently removed it to the federal court.

Thanks for reply

David H. Relkin
David H. Relkin
answered on Dec 28, 2023

The question is whether you can assert your (new) cause of action in Federal Court. You could assert a cause of action that does not raise a cause of action that could deprive the federal Court of jurisdiction. Counterclaims are compulsory in federal court if they arise out of the same... View More

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2 Answers | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act

Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a... View More

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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?

If action taken by a party to case (such as interposing a

cross claim or procuring a deposition of

plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the... 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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3 Answers | Asked in Business Formation, Business Law, Contracts and Real Estate Law for New York on
Q: Can I sign a lease under my name and transfer it to an LLC in New York?

I’m planning to start a retail store in New York State, and the landlord wants me to sign the lease for the store this week. I currently live in New Jersey and plan to form an LLC using the store's business address, with myself as the registered agent. Can I sign the lease under my name... View More

David H. Relkin
David H. Relkin
answered on Jun 11, 2025

This is not a legal but a practical question. You can propose it, but once the Landlord gets you on the Lease personally, good luck getting your name off of it. I am assuming that you are looking for a release of your liability and the substitution of the LLC as the sole liable party under the... View More

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3 Answers | Asked in Business Formation, Business Law and Contracts for California on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

Based on your description of your app, it should be legal in all 50 states. I am basing this opinion on your representation that there is no reference to betting sites on the app and you only provide "odds" based on your internal analysis--you provide no gambling services. However, since... View More

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