I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »
I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as... Read more »
I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant... Read more »
Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »
Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.
I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »
I think you mean that the seller refused to sign and accept your cancellation of the contract.
Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in... Read more »
I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »
This is a common request by a defendant. Unless there is an agreement pursuant to which they agree to pay, no, you should not dismiss the action first even if it is without prejudice. I also prefer an escrow by which the money is held by counsel and an agreement provides for the dismissal and... Read more »
I was under the impression that once a child was over 13 years old, an UTMA could not be established as a savings, it is then a youth savings or joint. What is the case, I can find a lot of information on disbursements of UTMA but nothing on establishing. This is an UTMA unrelated to Title 13
The answer is that, in New York -- and this should be the same in other states -- the age is 18. Your bank will assist you in this since they are the ones who will open the account.
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are... Read more »
I agree with the response of Mr. Wirtschafter as to collection, but the question seems to imply that you do not have a judgment yet and that you are presenting your case to an Arbitration Tribunal. If so, I have handled over 100 Arbitrations around the Country and would be willing to consider the... Read more »
Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »
You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »
As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?
A guarantor's obligation is generally absolute. You did not guarantee your daughter's stay in the apartment. You guaranteed the prompt payment of the rent. Of course, theoretically, your daughter's roommate would owe you the money you pay. Settle.
I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?
In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... Read more »
Purchase a home and offered asking price if the seller agreed to close before the end of the year
Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me
don't know if there's... Read more »
Unfortunately, agreements concerning "real property" must always be in writing. The fact that your neighbor removed the sign from the yard does not seem to be an action that could only mean he agreed. (Sometimes there is a way around the written requirement, but I do not see it here.)... Read more »
The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.
I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."
The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:
[2016 Kansas Statutes... Read more »
I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.
I took a lunch break and was suspended when I returned. Terminated 3 days later
They had the DRP in my suspension letter.... Read more »
Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.
If you like I can review the agreement for... Read more »
The simple answer is that your fiance must commence a divorce action against his wife to terminate the marriage.
Lawsuit has been filed. I'm the plaintiff.
014 Oklahoma Statutes
Title 12. Civil Procedure
§12-1874. Application to vacate an award.
Universal Citation: 12 OK Stat § 12-1874 (2014)
A. Upon an application and motion to the court by a party to an... Read more »
A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."
Further, assuming that... Read more »
I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq
I can answer your problem with an experience of my own. A Case Manager refused to promptly supply a replacement Arbitrator. He simply became unavailable. Two weeks passed without any responses to my demand that he supply three new names for the parties.
Every Tribunal has an administrative... Read more »
I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
I have... Read more »
They called me and asked if I had an attorney.
Do I need an attorney? What would the charge be for this type of assistance?
The other side will certainly have counsel. If you want to protect your rights and win I recommend that you retain an attorney. I have handled over 100 arbitrations and would be willing to discuss the matter with you at your convenience. David@Relkinlaw.com
212-244-8722.
www.Relkinlaw.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
