As my colleagues have correctly advised, that your fiancé's case has been going on since 2017 is not, by itself, a reason to change lawyers. Cases often take years before they get resolved (or proceed to trial). You should, however, call your attorney and insist on an in-person (or even... View More

Is this a real legal question or a question that is on your law school examination?!? Regardless, whether the witness is "unavailable" within the meaning of the law depends on whether the witness is under the control of the party who would be expected to call the witness and/or subject... View More

Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.

So sorry to hear what happened to you and your daughter. Most personal injury attorneys offer free consultations so there is no harm in speaking with one. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your time in which to file an application for no-fault... View More

Denial of the defendant's motion for summary judgment is good for you - it basically means that there are issues of fact that need to be decided by a jury. It does not mean that you will win your case - just that the defendant is not entitled to judgment as a matter of law and that your case... View More

If by legal recourse you mean suing your parents, probably not. You are living in their home and thus arguably have to tolerate the living conditions with which they provide you. And unless you are paying them rent and have a landlord/tenant relationship, they likely have not breached any... View More

You certainly have the right to inspect the file your attorney maintains on your case. With regard to holding onto the settlement proceeds, as my colleague correctly advised, there might be liens (with either Medicaid / Medicare or a private insurance company) that need to be resolved before your... View More

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... View More

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... View More

As my colleagues have correctly advised, whether you can sue the restaurant for your fall depends on whether your fall was caused by some dangerous or defective condition on the stairs themselves. If there was nothing wrong with the stairs and you fell due to your own intoxication, that would not... View More

So sorry to hear what happened to you. Whether you have a viable lawsuit really depends on why the handle of the cup fell off and the nature of your injuries. Products liability lawsuits are very expensive and usually only make sense when there has been a serious, permanent injury. That said,... View More

If you are already represented by an attorney you should speak with that attorney about the proposed settlement agreement. If you do not have an attorney, however, unless you are willing to pay an attorney by the hour, it is unlikely you are going to find one who is willing to review the... View More

I'm so sorry for your loss. Unfortunately, New York State does not recognize wrongful death claims for the death of an unborn child, Endresz v. Friedberg, 24 N.Y.2d 478 (1969). https://casetext.com/case/endresz-v-friedberg Although you may have been able to sue for your own grief and... View More

You can find a lawyer using the Find a Lawyer tab on the JUSTIA homepage.

Most of your run-of-the-mill defamation cases will not invoke the absolute privilege defense. Defamatory statements that are entitled to absolute privilege are those made in the context of legislative proceedings, judicial proceedings, etc. Here's an article I found online which you might... View More

You certainly have the right to defend yourself if the dog attacks you or places you in imminent fear of bodily injury. Your employer is also required, under the law, to provide you with a safe workplace. This would arguably include prohibiting dogs with vicious propensities from being on the... View More

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... View More

As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.

Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine... View More

So sorry to hear what happened to your mother. Although you could certainly bring a lawsuit against the party which is responsible for the drain in question, as my colleagues have correctly pointed out, unless your mother's injuries are severe, the time and expense of a lawsuit may not be... View More

I agree with my colleague - your landlord cannot lock you out of your apartment, especially if you have 2 weeks left on your lease. Here's a publication I found online which you might find useful, https://ag.ny.gov/sites/default/files/tenants_rights.pdf On page 36, it reads as follows:... View More