Get free answers to your Civil Litigation legal questions from lawyers in your area.
since July 2018 he was paid according to contract $14,500.00 he took the money and disappeared did not do any work only demolished the bathroom and fled he was not answering any calls or emails. The designer took the wall unit with had a locked drawer in it my CC/Check book i /pocket book idrawer... View More 
answered on Mar 1, 2019
You can sue both, and see what settlement or judgment you can get.
Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a... View More
answered on Feb 28, 2019
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... View More
answered on Feb 25, 2019
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully... View More
Property partition, Supreme Court Civil. Court appointed transactional attorney at hourly rate for conducting private sale of property (not foreclosed/not auctioned). Is the process by which such attorney submits his fee application done by Notice of Motion and Affirmation of Application submitted... View More
answered on Feb 23, 2019
Generally applications to the Court are made by Motion or Order to Show Cause. If there was a Stipulation of Settlement, it is possible that a different means of resolving disputes was provided for.
I bought the judgment and an assignment was filed but the captain was not amended, now the defendant tries to vacate the judgment, I tried to remove the attorney on record who filed the case, but I can not find him.
answered on Feb 20, 2019
You do not have to remove an attorney for post-judgment litigation. An engagement ends with the judgment. However, when you buy a judgment you buy it with any impediments, including that it might be vacated.
Is the client entitled to notes, internal memos, documents and other background materials that was prepared or used in providing advice to the client?
answered on Feb 15, 2019
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... View More
answered on Feb 4, 2019
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at... View More
i was wrongly accused by a neighbor and falsely arrested, i have that neighbor on camera falsely calling 911 even though the cases have been dismissed they continue to threat me. i want to sue so they can at least stop targetting me, 1-how can i get the police to investigate because i walk around... View More
answered on Feb 4, 2019
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional... View More
In a Decision and Order in an Article 78 case, the court granted respondent's Cross-Motion to Dismiss my Petition for failure to state a cause of action and, apparently sua sponte effectively converting the Cross-Motion into a motion for summary judgment, denied the Petition, as well, without... View More
Supreme Court Civil. New info I have which has a positive influence on clearing a title issue I do not believe is being relayed to buyer title company, which is holding up resolution of title issues, although such new info was given to court transactional attorney appointed to conduct sale and to... View More
answered on Jan 11, 2019
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.
answered on Jan 10, 2019
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.
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answered on Jan 8, 2019
Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.
I tried to correct a birth certificate but received a denial letter from NYS Dept. of Health saying I need a supreme court order. The letter is dated 11/5, is there a statue of limitations?
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answered on Jan 8, 2019
While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. /... View More
My Husband got papers from work in December 6, 2018 from work it states:
He didn't sign for any papers.
The papers went directly sent to work only.
He was accused of sexual harassment in October 31 2017. He was suspended from work for 2 months and returned to work in... View More
We live on a private road which is a deeded right of way for ingress and egress for all property owners. Since approximately 1975 there has been Road dues collection to pay for the upkeep on the road. In the late 1990’s the property owners by majority vote decided to raise the dues to $100.00... View More
answered on Dec 29, 2018
You can sue. Sounds like a small claims case against each owner.
I'm a Plaintiff in a Personal injury case (negligence to bee precise). My attorney is trying to withdraw as my counsel because I won't sign a Power of Attorney which he has mis-characterized as a HIPAA compliance form probably not to have to consult with me on major decisions such as... View More
answered on Nov 21, 2018
The OSC will likely be granted. Under the CPLR, you have 30 days to get new counsel. The case will be stayed for that time.
I won summary judgment on liability for a suit arising from a motor vehicle accident.
At the jury trial 2 years later, I won and was awarded $180,000.
How I collect payment? Do I make some sort of written Demand, or am I supposed to execute a stipulation of discontinuance in... View More
answered on Nov 21, 2018
Your lawyer should have the money. You do not sign anything. If there was insurance, it would have been paid already. Something is not right here.
Next month Dec. will make 2 years since defendant and I was in front of bench for a civil litigation course. I learned beginning the following January 2017, the judge began their new role with supreme court. Over these past 2 years, I've sent letter to the judge requesting review and... View More
answered on Nov 12, 2018
Write the Chief Administrative judge for the court you are in. From your post it is unclear.
I called the court 5 times, the only extension that picked up was lobby security.
answered on Nov 9, 2018
They can be seen if you order the file at the court. It is not online.
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