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About five years ago, my parents hired a contractor and his team to build an upstairs expansion to our house, paying approximately $60,000 in cash and in full. Unfortunately, the contractor was diagnosed with cancer three years ago, and the job remains unfinished, leaving us with an open and drafty... View More 
answered on Apr 27, 2025
You can sue, but at this point this guy is not doing the work. Therefore, you need to hire someone to finish it, and the suit is the money you had to pay extra to get it done. The first guy gets paid for what he did do, so you do not get back the whole 60K in any event.
My father passed away on November 26, 2023. We did not give consent for any organ or skin tissue donation, and there was no documented consent from him. We have not received any communication from hospital or medical authorities regarding this issue, nor are we aware of any automatic or implied... View More
answered on Apr 27, 2025
I'm sorry for the loss of your father, and the unauthorized organ donation. This is a very narrow area of law involving New York Anatomical Gift Law, Public Health Law, and other related legislation. From what I understand, there are cases pending in this area of law. I tried to find case law... View More
I am currently involved in a New York State Supreme Court defamation case against a former manager. I've filed an RJI to add a lawyer and request a preliminary conference. The court clerk mentioned that I don't need to serve the RJI to the defendant, but online resources suggest... View More
answered on Apr 26, 2025
If the case is e-filed, service upon all appearing parties is accomplished by e-filing documents.
You wrote both are pro se but you are adding an attorney. As a party?
Jack
I received a letter of non-renewal for my lease, which I believe is retaliation after I reported a rodent infestation that was present in my apartment before I moved in. The property manager did not promptly address the issue and blamed me for violating the lease, claiming I caused the infestation.... View More
In a movie scenario, a mother leaves a will that maintains her children's shares in a family-owned cosmetics company but transfers her remaining shares and the CEO title to her daughter-in-law. This will also allows the daughter-in-law to select the new head of marketing, a role previously... View More
I have joint custody of my 14-year-old son, but he has been living with his mother and attending school near her since September 2024, when she filed a restraining order against me (which is no longer in place). Although the custody papers state he should reside with me, he has severe behavioral... View More
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answered on Apr 18, 2025
One of the most severe defects in our constitutional republic form of government is that law is written as a one-size-fits-all proposition. Custody law in New York is based on case law that assumes a normal, well child being fought for by warring parents who love the child. That is the parens... View More
As a NYC Correction Officer, NYCERS changed my status from disabled to not disabled in 2019, ending my disability benefits in 2020. Recently, a judge sent back my Article 78 proceeding to NYCERS. Now, NYCERS is requesting repayment of all benefits received, which is being deducted from my regular... View More
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answered on Apr 16, 2025
Now that NYCERS has reversed your disability status and begun recouping benefits from your regular pension, you are in a repayment phase that can significantly affect your monthly income. The deductions reduce the amount of money you receive, which may create financial strain—especially if you... View More
Can I file a claim if police raided my apartment without showing a warrant, took money, and later returned it? The raid was deemed unsuccessful, and the charges related to a small amount of a controlled substance found in the apartment were dismissed at the first court date.
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answered on Apr 16, 2025
Yes, you may have grounds to file a legal claim if the police raided your apartment without presenting a valid warrant, seized your property, and the charges were later dismissed. The Fourth Amendment protects you against unreasonable searches and seizures, and failure to produce or execute a valid... View More
I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More
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answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
I received an eviction notice three days ago for unpaid rent from over two years ago, even though I've signed one, if not two, new leases since then and have been consistently paying rent. I have to respond to a court summons in 10 days. Last year, when the management first reached out to me... View More
answered on Apr 23, 2025
Dear Manhattan Tenant
You mean that you were served with a Petition for nonpayment of rent in New York City Housing Court and the Notice of Petition told you have ten days to Answer the Petition or risk a default judgment against you and eviction?
You need to do so. You state your... View More
I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More
answered on Apr 12, 2025
I'm sorry about your illness. Without diminishing the suffering you experienced, I don't believe it would be a case that most law firms would seriously consider. The problem is that pneumonia could have come from any number of sources, especially on a crowded college campus. Another issue... View More
I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More
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answered on Apr 11, 2025
You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More
I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More
answered on Apr 10, 2025
So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More
I rent a townhouse and the HOA arranged to have Verizon installed. I did not want Verizon installed, and at the time of installation, we were not home. Despite this, Verizon workers, along with the HOA, entered my home without permission and ran cables through my attic. Can I sue in this situation?
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answered on Apr 8, 2025
Yes, you may have grounds to sue both the HOA and Verizon, especially if they entered your home without your consent. Unauthorized entry into a rented home can be considered trespassing, and installing equipment without your permission may violate your rights as a tenant. Since you're renting,... View More
I received a Fourteen Day Notice from my landlord stating that I owe rent from April 2024 to the present. During COVID in 2020 and 2021, I fell behind on rent and attempted to arrange a payment plan with my landlord, but he did not agree. I have made several back rent payments, and my landlord has... View More
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answered on Apr 12, 2025
It’s important to take the Fourteen Day Notice seriously, but you also have rights in this situation. Since you’ve been making partial payments and your landlord has cashed those checks, you should keep a detailed record of these payments and any communication you’ve had with the landlord.... View More
I purchased a property with my father in 2000, where initially I was listed as a 1% owner, and my name was on the deed with the mortgage secured using his credit and my income. The funds for the purchase came from my personal injury settlement from a car accident, which I was instructed to gift to... View More
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answered on Apr 11, 2025
This sounds like a painful situation, especially since it involves family and such a significant financial investment. If you used your personal injury settlement to fund the purchase, and your name was originally on the deed and mortgage, that gives you a strong foundation to argue that you had a... View More
I'm seeking to change a temporary order of protection to a permanent one due to ongoing harassment, abuse, and threats from the individual named in the order. The temporary order was issued eight months ago, but I'm unsure if it's still active. Recently, there was an incident... View More
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answered on Apr 13, 2025
You’re doing the right thing by wanting to protect yourself, especially after a recent incident involving police and medical documentation. If the temporary order of protection was issued eight months ago, the first step is to check with the court clerk where the order was granted to confirm... View More
I've entered a contract with SW Alliance that specifies upon achieving a target return, I must use 30% of net profits to pre-order related subscription services for the AI DataMind application and to pay SW Alliance's team service fees, as detailed in clause 4.3. Only after fulfilling... View More
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answered on Apr 11, 2025
That’s a deeply stressful situation, especially when your contract clearly outlines a process tied to *net profits*—not personal out-of-pocket contributions. If clause 4.3 states that payments to SW Alliance are to be made from 30% of *net profits* after hitting a target return, then demanding... View More
I live in a New York State village where a drainage pipe was installed under my driveway about 10 years ago. Over the years, this pipe has heaved significantly and damaged my driveway. Despite discussing the issue with previous mayors, no action has been taken. I recently spoke to the current... View More
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answered on Apr 12, 2025
In New York State, the village may be responsible for maintaining public infrastructure, including drainage pipes, but it depends on whether the drainage system is considered a public or private responsibility. Since the drainage pipe was installed under your driveway, it could be a part of the... View More
I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More
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answered on Mar 27, 2025
Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More
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