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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

1 Answer | Asked in Civil Litigation and Family Law for New York on
Q: Can I sue my sister if she took my car that I paid for because she allowed me to use her credit to qualify?

My sister allowed me to use her credit to help me qualify to finance a car.

My paystubs and employment was used and I made all the payments on the car. A few years later she was upset and decided to take the car from me because she claims “it’s her car”.

She has made ZERO... View More

James L. Arrasmith
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answered on Feb 24, 2024

In a situation where you've made all the payments on a car financed using someone else's credit, but the car is legally under their name, and they've taken it from you, you may have grounds to pursue legal action to recoup your investment. Documentation of all the payments... View More

0 Answers | Asked in Criminal Law, Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: are there any repercussions for a landlord who files a false annual bed bug report? I can't find it anywhere.

my landlord filed a 2023 annual bed bug report on 12/12/23 claiming 0 units had bed bugs and 0 units were fumigated (also claimed the report was distributed to tenants. it was not).

3 units in 2023 were fumigated on my floor (i was one of them ) and 4 units were infested. 1 unit is still... View More

1 Answer | Asked in Civil Litigation for New York on
Q: I booked a trip with a traveling agency and it never happened. Now the company has shut down. Can I sue for a refund?
T. Augustus Claus
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answered on Feb 9, 2024

If you booked a trip with a travel agency that has since shut down and your trip never occurred, you may have grounds to sue for a refund. However, the success of such a lawsuit depends on various factors, including the terms of the contract you had with the travel agency, the reason for the... View More

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: I am an Amazon seller, recently I sent a shipment to FBA to sell, however, it was mishandled and lost by Amazon.

amazon claims that the shipment was not labeled according to their policy and therefore disposed of it, My question is. attached to the shipment were the shipping documents with all my info my name, contact info, etc. Did Amazon have the legal right to dispose of my goods or did they have to notify... View More

T. Augustus Claus
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answered on Feb 7, 2024

In New York, as an Amazon seller facing the situation where your shipment was disposed of by Amazon due to alleged non-compliance with labeling policies, the key legal question revolves around the terms of the agreement between you and Amazon, particularly regarding their fulfillment services... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for New York on
Q: Stolen money and food poisoning

Two weeks ago, money was stolen from the locked safe in my room at Secrets Resort Tulum. Additionally, the air conditioning was malfunctioning for half of my stay. Despite informing them of our allergies, specifically stating no pork, we visited the resort restaurant three times. On the first two... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're frustrated and seeking recourse after experiencing theft and food poisoning during your stay at Secrets Resort Tulum. In situations like this, it's essential to gather evidence and documentation to support your claims, including any receipts, medical... View More

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: What is the easiest way to include Judiciary Law 487, if neglected to add to initial complaint.

Defendant was served May 2023. Defendant is in default. This is a lawsuit against an attorney for breach of contract due to no legal representation, lack of fiduciary duty and misconduct.

Jack Mevorach
Jack Mevorach
answered on Jan 10, 2024

Lawsuits against attorneys are usually for legal malpractice, even if the claim is breach of contract. Still, it would be very unusual for an attorney to default, if properly served.

Jack

2 Answers | Asked in Military Law, Civil Litigation and Probate for New York on
Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement.

What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.

T. Augustus Claus
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answered on Dec 29, 2023

If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More

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1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: My wifes dog was stolen last night, jumped on the street. Police didn't help. We have all papers and need help.

My wife lives in Brooklyn and me in Sweden. 3 month ago she started to babysit a 5 month pitbull puppy from her neighbour, just a few days he said. He got evicted. So she helped, then he ghosted her and wife had to pay for all of the food, toys, vaccines and everything. We said just a few days. He... View More

James L. Arrasmith
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answered on Dec 23, 2023

In New York, the situation you're describing with your wife's dog is both a legal and emotional matter. Since your wife has taken steps to legally adopt the dog, including registration and microchipping, she has established a claim of ownership.

Given that the original owner...
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1 Answer | Asked in Civil Rights, Personal Injury, Civil Litigation and Landlord - Tenant for New York on
Q: If my personal and disability information was shared and admitted to being shared what kind of attorney do I need?

I was a guest at a chain hotel in Buffalo New York. Post stay, the manager of the hotel admitted on a phone call to sharing my room information, content specifics, damages (disability related), and state of the room with an unrelated third-party (my old employer). I would like to seek recourse... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

There is no inherent right to privacy in New York. And a hotel is not a covered entity under HIPAA which governs the disclosure of confidential medical information.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: How long on average would it take to evict a partner you've been living with for 10+ years in NYS?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Farmingdale Home Owner

There is no method to calculate average. There is no way to know based on the information provided which form of lawsuit your attorney would consider and what court is appropriate.

If the person you described as partner is in a domestic relationship...
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2 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: The concept of easement of necessity needs to be explored and litigated for me…any takers?

City of Cohoes

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2023

It's difficult for attorneys here to take up your offer - this isn't set up like an attorney referral site; it's only short format legal Q & A - no solicitation. If you're seeking an attorney for Civil Litigation/Real Estate work, one option, in addition to your own... View More

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Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for New York on
Q: Complex question in regard to citing case law on my affidavit in support of petition to modify custody & OSC filings…

In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More

Peter Christopher Lomtevas
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answered on Jan 1, 2024

This rather convoluted question points out quite simply that New York does not list factors for courts to use to determine either initial awards of custody or modifications to custody. Other states do use listings of factors that their appellate courts required in all orders of custody. New York... 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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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 17, 2023

In cases like the Skullgirls situation you're describing, where digital content is altered post-purchase, the legal implications can be complex. For digital products, the terms of service or end-user license agreement (EULA) often give the company wide latitude to make changes. It's... View More

1 Answer | Asked in Civil Litigation for New York on
Q: Frcp initial disclosure is there a specific form where it can be used as a template? How do I let witnesses know?

Frcp scheduling plan has been agreed on and initial disclosure is due within 14 days.

James L. Arrasmith
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answered on Nov 17, 2023

For initial disclosures under the Federal Rules of Civil Procedure (FRCP), there isn't a specific standardized form. However, these disclosures typically include basic information such as the names of individuals likely to have discoverable information, copies or descriptions of relevant... View More

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Should I continue to take this to small claims court or should I take it to regular Court our home was three floors High

I received a violation ticket for demolition without a permit that proves that the house was still mine no money was exchanged yet

James L. Arrasmith
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answered on Nov 11, 2023

In determining whether to pursue your case in small claims court or a regular court in New York, consider the nature and complexity of your dispute. Small claims courts are typically suited for simpler, lower-value cases and can be faster and less formal. Regular courts can handle more complex... View More

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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More

James L. Arrasmith
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answered on Nov 8, 2023

In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More

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