I am living in a Mitchell-Lama complex in Brooklyn, NY. I am the successor daughter in my parents' Coop unit, where they moved 30 years ago. Back then, the Coop Bylaws required that 60-70% of the apartment have wall-to-wall carpeting. We're now moving to a larger unit, and the Coop Board... View More

I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More

I filed a criminal case against someone for seizing money by force. The court has now ruled to consider the objection submitted by a person of Pakistan nationality and treat the judgment in absentia as if it had not been issued, obliging the person to pay court fees. This ruling was made on... View More

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Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

In your case, it appears that the court has issued a ruling regarding a judgment in absentia, which means a judgment was made without the presence of the defendant in court. When a defendant is absent from court, a judgment can still be rendered if they have been properly notified of the... View More

I believe I have been a victim of fraud by Polymarket as they create contracts that seem shady and break them whenever it doesn't favor them. This has resulted in my loss of over $8,000. Can I sue Polymarket for fraudulent practices given this situation?

I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More

Tim Akpinar
answered on Mar 10, 2025

You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More

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In a foreclosure case in New York, where a judgment has been entered and a sale date set, I am filing a motion to show cause due to arguments of fraud and deception by the plaintiff. The case has already been litigated. Will this motion go to the judge currently presiding over the foreclosure case,... View More

Jonathan David Warner
answered on Mar 8, 2025

Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.

First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a... View More

I own a building in Brooklyn with 4 floors and have posted signs requesting that all delivery packages be left in the mail room area. Despite this, delivery drivers from FedEx and Amazon frequently enter the building and ignore the signs. On one occasion, I found a delivery man on the 4th floor... View More

I am rent-stabilized and have a default judgment in NYC Housing Court for $8,305 from a nonpayment case filed over a year ago. I haven’t signed any settlement or stipulation. My landlord’s ledger shows a balance of $40K, claimed as rent accrued since bringing this action. A judgment of... View More

Steven Warren Smollens
answered on Mar 9, 2025

Dear Manhattan Tenant

You presented a slightly different version of this question on AVVO particularly related to the amount of the underlying judgment as well as the full balance claimed owed.

I suggest that you are requesting tailored legal advice. That requires a consultation... View More

I'm seeking help with a situation where I've been paying child support for 18 years for children who are not mine. When my partner and I were teenagers, we falsely claimed to welfare to gain assistance for an apartment, and this has led to long-term issues. I've been unable to gather... View More

I'm seeking advice on obtaining compensation for medical bills after an individual fell on my foot and broke it in three places. The incident happened in a school, and there is potential footage available. It was entirely his fault, and witnesses were present. I have medical bills that need to... View More

Jonathan R. Ratchik
answered on Mar 5, 2025

Sorry to hear what happened to you. That someone fell on your foot does not necessarily mean that they are responsible for your injury and resulting medical bills. Instead, you need to demonstrate that someone owed you a duty of care and that their breach of that duty, i.e. negligence, caused the... View More

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I am representing myself in an assault case involving multiple people, where I was attacked after coming out of a party. I have identified one person who I am taking to court, but I don't have any witnesses. What strategies might work in my favor, and what should I avoid during the trial?

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Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

I understand how challenging it can be to represent yourself in a legal case, especially when it involves an assault and no witnesses to support your side. While it's always advisable to have legal representation, there are steps you can take to increase your chances of presenting a strong... View More

My wife and I moved out of an apartment in New York City, breaking our lease 2 months early. According to Section 227-E of the NY Real Property Law, the landlord should make a good faith effort to re-rent the apartment at fair market value or the agreed-upon rate. Despite this, our landlord listed... View More

Steven Warren Smollens
answered on Mar 3, 2025

Dear Herkimer Tenant:

You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.

However, all New York State laws truly depend on... View More

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I was involved in an affair with a man who lied about being single. I'm contemplating informing his wife by sharing evidence like screenshots of his Tinder profile, text messages, and receipts for condom purchases that he left at my place. I'm concerned about the possibility of being sued... View More

I left a review on a business website, highlighting that the owner and their friends posted fake 5-star reviews. In my review, I warned customers about using credit cards with this business and accused the owner of being a scammer. I informed the owner I would report them to the FCC and that I am a... View More

Jack Mevorach
answered on Mar 2, 2025

You might as well.

Jack

I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has... View More

Steven Warren Smollens
answered on Mar 2, 2025

Dear Brooklyn Tenant

You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More

I am involved in a civil case in New York City, NY, and I am considering service by publication because previous attempts to serve the other party have been unsuccessful. How often is service by publication granted in such cases, and what factors might influence this decision?

I was living in a family house without a lease, and my niece sent me texts in June 2023 and August 2023, giving me a 60-day notice to move out and stating that any property left would be considered abandoned. I replied in August, requesting more time, but due to three operations and subsequent... View More

Steven Warren Smollens
answered on Feb 28, 2025

From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.

What stood in your way suing for monetary damages due to the unlawful eviction?

It's up to the defendant to use the expiration of a statute of... View More

A family member is threatening to press civil or criminal charges if I don't provide financial documents related to joint checking accounts now solely in my name after the passing of a loved one. Both my family member and I are next of kin, but they were fairly estranged from the deceased.... View More

Peter Christopher Lomtevas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025

The fact that the decedent left no will means New York state's intestacy statute applies. If the asker and his family member are on the line of succession at the same level, then the joint checking account must be split between the two. The family member is correct as to his position that he... View More

I've been living in a NYCHA apartment in New York for the past five years, subleased to me by a friend. We've accumulated unpaid rent, leading to the threat of eviction. Despite my friend's awareness and financial means, she is unwilling to pay. I have proof of payments made to her... View More

Steven Warren Smollens
answered on Mar 2, 2025

Dear NYCHA Resident:

Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to... View More

I am looking for legal action against my aunt and an agent in New Zealand due to a scam involving a study visa for my sister. We trusted my aunt, who has been in New Zealand for 30 years, and paid 6 lakh Indian rupees to an agent as per her advice. This was for a study visa that never materialized,... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025

You're facing a challenging situation with your aunt and this agent in New Zealand. Cross-border fraud cases require careful navigation of both countries' legal systems, but you do have options to pursue justice.

First, gather all evidence including bank statements, communications... View More