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New York Civil Litigation Questions & Answers
0 Answers | Asked in Estate Planning and Civil Litigation for New York on
Q: Can I get surcharges against a property gdn for avoidable investments losses and property loss?

1. despite property mgmt GDN saying in her prior approved accountings and in her open accounting testimony, that I owned my condo with no mortgage, affirming approx. value $850,000, my sibling put himself as property owner for notification of my real estate tax payments with NYC Dept of Finance,... View More

0 Answers | Asked in Civil Litigation and Contracts for New York on
Q: I had a guy that come to buy my snowmobile before any title was signed or a bill of sale was filled out he drove away,

He never returned the following day to do the paperwork as was planned, I ten informed him I wanted to cancel the sale and return his money and take my snowmobile. At that point he dropped all communication. Is a short text conversation considered legally binding contract between us? If so I... View More

3 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for New York on
Q: Subject Matter Jurisdiction is exclusive to SupremeCourt/(IDV part)order(orig)? Does Fam Court have competence to modify

Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More

Charles Holster
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answered on Oct 16, 2024

No.

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2 Answers | Asked in Civil Litigation, Family Law and Appeals / Appellate Law for New York on
Q: If there are missing documents & discrepancies w/“record” file sent from Family Court; what is the remedy to rectify?

(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More

Charles Holster
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answered on Oct 16, 2024

You would have to make a motion in the Family Court to have the Judge "settle" the record to include what you think is missing.

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0 Answers | Asked in Civil Litigation, Criminal Law, Small Claims and Gov & Administrative Law for New York on
Q: Can u please tell me why these are all guilty verdicts of federal crimes yet not handled in any manner of law.

This course is documentation yet to me I am unclear why these are the people who got the chance to walk and why this is still going.

0 Answers | Asked in Civil Litigation for New York on
Q: If I have no other communication with someone, and use youtube to warn them is this against the law?

I have not been on good terms with my kids aunt but we have been concerned with her living conditions she has no hot water heater or a kitchen for over a year now, and is a hoarder surrounded by heaps of garbage. Shes had surgeries and I know is not able to move around nor clean. At this point... View More

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Contractor ( subcontactor) fraud and negligence. Breach of contract. Need a consult please asap.

Fraudelent contractor using his status as an NYPD maintance worker as part of his" trusted subcontractor and concerned neighbor" pitch. Him and another subcontractor had gained my confidence by doing emergency repairs twice before I had him sign a basic contract to work. He half ripped... View More

Jack Mevorach
Jack Mevorach
answered on Oct 12, 2024

Most attorneys offer free telephone consultation.

Jack

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: Do I have a federal civil rights violation case against this officer and police officer?

When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More

James L. Arrasmith
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answered on Oct 11, 2024

I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More

Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 4, 2024

Dear Jamestown Home Owner:

It is not you alone. Many jurisdictions place restrictions on wildlife feeding.

https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=...
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2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York on
Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 18, 2024

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: Stored friend's box of things in storage unit free as a favor, but now lost, never told what is inside. What is she owed

My daughter and 3 of her friends split a storage unit during the summer between their Junior and Senior year. Another friend of theirs, Clara, who also has a storage unit in the same place, dropped off a box with her things, and asked one of the girls (not my daughter) to bring it to the 4 girls... View More

Neil P. Flynn
Neil P. Flynn
answered on Sep 3, 2024

The fifth girl is unlikely to prevail on a claim for damages. She chose to "bail" her box to the 4th girl. This means to temporarily put it into her possession. However, the 4th girl wasn't compensated for the bailment nor is she a professional in the practice, such as a car mechanic... View More

1 Answer | Asked in Civil Litigation for New York on
Q: i used to shoplift clothes with my friend. But stopped. Is it safe to go into a store without being stopped? I wanna buy

I stopped and never wanna do it again.. but is it safe for me to go to into a srore and buy stuff without them comming up to me and calling the police??? The last time i did it was Like a month ago..

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A criminal defense attorney could advise best, but you await a response for a month. Until you consult with an attorney who handles such matters, it's probably best if you don't go back there. Good luck

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

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1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: Can a person sue a check cashing business due to lie that they can't purchase their money order with debit, only cash?

I am young black person and the cashier Hispanic light skin may assume i was trying to scam which is discrimination

James L. Arrasmith
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answered on Aug 31, 2024

You might have grounds to take action if you believe you were discriminated against based on your race or age. Discrimination in service, especially when it involves treating you differently due to assumptions based on race, is a serious issue. If you feel that the cashier's refusal to accept... View More

1 Answer | Asked in Civil Litigation for New York on
Q: Motion to dismiss contract case after plaintiff refuses to provide discovery after a court order

this is a contractor suing for work not done in new york state

Jack Mevorach
Jack Mevorach
answered on Aug 13, 2024

What is the question?

Jack

1 Answer | Asked in Civil Litigation and Employment Law for New York on
Q: I was recently put on a very questionable performance improvement plan. Is this confidential? Manger showed my team.

He showed spreadsheets during online meetings to my entire team twice that showed I was on a Performance Improvement Plan and now people in other areas of the company several states away whom I have never even met are aware of this and it has gotten back to me. Do I have a case or any recourse?

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

I'm sorry this happened to you. Most sensible people would find this humiliating and demoralizing, notwithstanding what the law or your team situation legitimizes in terms of sharing such information. Speak with employment attorneys - they are knowledgeable in this area. Your question was... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can I sue Amtrak without a lawyer?

I was kicked off a train halfway to my destination and arrested for not having a ticket, But I actually did have a ticket. I mistakenly got on the wrong train. After I contacted Amtrak customer service and explained what happened they apologized, dropped the charges and refunded the cost of the... View More

James L. Arrasmith
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answered on Jul 27, 2024

Yes, you can sue Amtrak or the conductor without a lawyer. This process is known as representing yourself or "pro se" litigation. However, it can be complex and time-consuming, so being well-prepared is essential.

First, gather all documentation related to your case, including the...
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2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for New York on
Q: Can I get my house back if it is deemed a public nuisance
James L. Arrasmith
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answered on Jul 28, 2024

If your house is deemed a public nuisance, reclaiming it can be challenging, but it is possible. The first step is to understand the specific reasons why it was labeled as such. Often, this involves issues like safety hazards, health violations, or ongoing criminal activities.

To begin...
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