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New York Civil Litigation Questions & Answers
0 Answers | 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

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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0 Answers | Asked in Civil Litigation for New York on
Q: I put money towards a house my boyfriend and I built together and it was supposed to be in both our names.

He never put my name on it. 4 years ago he bought a foreclosed house and put just my name on it. It has been my primary residence mailing address for the past year and 4 months. I want to split from him now. Can he take the house away from me that is in my name or can I live in it and then even... View More

1 Answer | Asked in Civil Litigation for New York on
Q: When can I sell my old roommate's items after they moved out?

My ex fiancé moved out when I was at work and moved across the country. I texted him to come get his stuff and the ring but no answer. Then he blocked me. It has been a month. He also stopped paying rent and removed himself from the lease. How long until I can sell the remaining items he left... View More

James L. Arrasmith
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answered on Jun 13, 2024

First, check your state’s laws on abandoned property to determine how long you need to hold onto his items before you can legally sell them. Generally, you might need to give written notice and a reasonable period, like 30-60 days, for him to reclaim his belongings. Document your attempts to... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jun 5, 2024

Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More

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2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: I would like an Esq. to let me know if my case has merit.

As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k

Maurice C

Brian Greben
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Brian Greben
answered on May 28, 2024

Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More

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1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Will my roommate (leaseholder) get arrested if she puts my things in storage and change the locks? I’m not on lease

My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 29, 2024

Dear Brooklyn Roommate

What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?

Of course you don't have to move even if you are not paying rent. Your lawyer could convince...
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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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1 Answer | Asked in Civil Litigation for New York on
Q: What time limitations exist in filing a motion to vacate a 3215 default judgement, (pursuant to cplr 5015(a), (b), (c)?

Cplr 5015 (a), ground #1 Excusable default limits motion to one year after service of order. Are the other grounds time barred as well?

If the Default judgement was granted an inquest, does the inquest effect the time limit to file a 5015 motion? Does it run from the original order... View More

Jack Mevorach
Jack Mevorach
answered on Apr 19, 2024

5015 should provide the answer. Did you read it carefully?

Jack

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: My Apartment is refusing to sign my lease or accept rent. Now they are suing me in civil court for all the fees and rent

How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Dear Manhattan Tenant:

I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a...
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2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

James L. Arrasmith
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answered on May 1, 2024

In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More

Peter Klose
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answered on Apr 17, 2024

Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More

3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
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answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
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4 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More

Michael David Siegel
Michael David Siegel
answered on Apr 15, 2024

It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.

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1 Answer | Asked in Civil Rights, Civil Litigation and Elder Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Municipal Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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