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answered on Jul 16, 2011
There is no such thing as "interpleadings." If you are asking about interpleader, in which one party can "interplead" or bring into the case another party, the answer is yes, that is permitted, as long as the statute of limitations against the party being brought into the case has not yet expired.
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answered on Jul 16, 2011
No, an appeal must be from a final or interlocutory decision of the Court. Otherwise, there is nothing to appeal from.
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answered on Jul 16, 2011
It is a very good idea. If you are found to have refused a chemical test by the administrative judge, you will have your license revoked for one year. Additionally, any testimony you give at a Refusal Hearing is admissible against you in the criminal case on your DWI. Lastly, you are not likely... View More 
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answered on Jul 16, 2011
You will be required to complete a financial questionnaire, which provides details as to your earnings, assets, and debts. Based upon an evaluation of that questionnaire, the Court will determine if you are eligible to have an attorney assigned to you or if you must retain private defense counsel.
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answered on Jul 16, 2011
You are permitted to testify. However, the determination as to whether you woudl testify depends on the strength of the case that is presented against you by the police officer. On several occasions, I prepared my client to testify at a Refusal Hearing, but then due to the weakness of the case... View More
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answered on Jul 16, 2011
No, it is not. Only the results of breathalyzers, blood test, urine or saliva tests are admissible, not what are known as "BST's.", which are considered to not be proper evidence of intoxication.
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answered on Jul 16, 2011
Yes, the breathalyzer must be conducted within 2 hours of the arrest to be admissible.
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answered on Jul 16, 2011
Yes, under the case of People v. Gursey, as long as you have the name of an attorney who you wish to consult with, and have the number handy (you cannot unnecessarily delay the process), you have an absolute right to consult with counsel to determine if you should take the breathalyzer or not.
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answered on Jul 16, 2011
The three main "standardized" Field Sobriety Tests are the Horizontal Gaze Nystagmus (HGN), which tests the fluttering of the eyes while following a light or a pen; the walk and turn, in which the driver is asked to walk 9 steps heel to toe and then return on a straight line without... View More
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answered on Jul 16, 2011
The law is that a property owner has until several hours after the cessation of a storm to remove snow and ice on his or her property. So unless you fell on an accumulation of ice which existed prior to the snowstorm, you woudl not have a case.
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answered on Jul 14, 2011
Even if you weren't wearing your seat belt, you can still have a case against any party that was negligent and caused the accident. However, in defending the case, the lawyers for the driver(s) can allege that you would not have been hurt, or as badly injured, had you been wearing your seat... View More
I was taken to the hospital by ambulance, and had to have surgery on my left shoulder for a ripped tendon and torn rotor cuff then i had pt and my left arm still get's numb and i can't raise my arm past my shoulder
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answered on Jul 14, 2011
I need to know more information to answer your question. First, is the case in suit, or is it still a claim only? Second, what County is the case proceeding in? If a lawsuit was started, and the case is pending in either Brooklyn or the Bronx, for example, 2 years is certainly not that long... View More
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answered on Jul 14, 2011
I am not sure I understand your question. If you are asking what a DWI is, it can either be a misdemeanor or a felony, depending on whether this was the first charge (misdemeanor under 1192 (2) or (3) of the Vehicle & Traffic Law) or if it's the second charge, a class E Felony. Also, if... View More
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answered on Jul 14, 2011
It is possible. If you were convicted of this infraction, that would be 11 points on your license and an automatic six month suspension of your driver's license, along with significant fines and NY State surcharges. If you do not have any other points on your license within the last 18... View More
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answered on Jul 14, 2011
That is a good question. The answer is that it is a no-fault case under the concept of a "loss transfer". This is very significant, because if it was a compensation case, any medical or wage payments would be subject to a lien and have o be paid back if there was a lawsuit. In... View More
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answered on Jul 13, 2011
The most typical expenses are Court filing fees, fees to obtain hospital and medical records, fees for process servers, fees for Court stenographers, and expert fees for treating doctors, engineers, or other types of experts.
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answered on Jul 13, 2011
Generally, lawyers in personal injury cases get 1/3 of the net recovery (meaning after deducting the expenses on the case) and the client gets two thirds of the net recovery.
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answered on Jul 13, 2011
First, you must file a notice of claim within 90 days of the arrest being dismissed, and then you have to start a lawsuit against the officer and the police department within one year, so you must contact a lawyer without delay.
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answered on Jul 13, 2011
Not if your attorney "waives a reading" of the charges against you, which is what he should do. Then he will ask how you plead to the charges and your lawyer can respond to that as well.
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answered on Jul 13, 2011
It is possible, although the basic principle in New York is that the dog owner must be "on notice" (aware of) of the dangerous propensities of the dog before becoming legally responsible for a dog bite. Thus, since you do not have evidence of a prior dog bite, you would have to be able... View More
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