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

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

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

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.

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

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... View More

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... View More

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

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

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

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... View More

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

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

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

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

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

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

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

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

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