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New York Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Neighbor started moving power/cable from existing easement. They're now divorcing. Can I force completion/end easement

They also cut our driveway and have not repaired, it's been over one (1) year.

Michael David Siegel
Michael David Siegel
answered on Dec 4, 2017

Yes. It requires a lawsuit.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for New York on
Q: Lived in side apt. in a legally single family home (ground flr not cellar/basement.) Can landlord sue for back rent?

Had many issues here including a flood (broken sink pipe) within 30d of move-in where she never did nor allowed cleanup of the carpet or mold.

Had no power (elec.) to most of the apt. for 9 mos (incl. a dark outdoor walk / approach due to "someone" breaking the light bulbs.) She... View More

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2017

You cannot be liable for back rent in an illegal apartment, but you cannot stay there either, so you will be evicted.

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New York on
Q: What recourse do I have if I've received a letter from a law firm that falsely accuses me of something?

The letter is from a law firm representing a school district superintendent. After a meeting in which she invited me into her office, she sent a letter saying that she was fearful and that I threatened her staff. I did neither of these things, and in fact waited politely while the secretary... View More

Michael David Siegel
Michael David Siegel
answered on Nov 21, 2017

You need to write a responsive letter to correct the record. There is nothing else you need to do now, unless there are other consequences.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: I own a 3 family building I have one tenet on the top floor that complains about mice the other 2 tenets do not

Section 8 has refused to pay me my rent for the mouth because the Tenant complains about mice even though I have had to build exterminated by a professional every mouth I think about taking them to court to collect my read is that a wise decision or not

Michael David Siegel
Michael David Siegel
answered on Nov 16, 2017

If you want to get paid, it is your only choice.

2 Answers | Asked in Civil Litigation and Probate for New York on
Q: My mom passed away in December of 2016 while cleaning out her stuff I discovered that she took out a life insuranceonme

I also went to have it turned over in my name since my mom didn't have a will do you know how long it takes for the probate to send me that paper so that I can just cash out that insurance

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2017

Your question is unclear. Are you the beneficiary of a policy on her, or is she the beneficiary of a policy on you? Also, no one sends you anything. You have to move forward and do something. I would need to see what you found.

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2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband... View More

Barry E. Janay
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answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.

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0 Answers | Asked in Business Law, Car Accidents and Civil Litigation for New York on
Q: Dealer hired contractor collides with new vehicle while in for issue caused by contractor hired by dealer.

New vehicle has spray in liner promised by dealer as part of contract.

Dealer contractor installs bed liner incorrectly.

Dealer has contractor attempt to fix damage.

Dealer contractor hits vehicle, dealer moves vehicle to dealership before contacting owner.

Dealer... View More

1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Do I have a case to sue if a mover from a moving company i hired defecated in the lobby of my new building?

I have surveillance video of him going into the corner but not him actually doing it.

Barry E. Janay
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answered on Oct 9, 2017

That's disgusting, but no, you need to clean that shit up and maybe contact the police about a public indecency charge. Notify the moving company so that they can take appropriate discipline against this employee.

2 Answers | Asked in Civil Litigation for New York on
Q: can I find information on motions my attorney has made, or on dates motions are due by?

I feel that my attorney has made several possible mistakes on my case, and I wanted to find out if there was a way I could see for myself, online, the steps and motions she has made, and the dates they were made, or must be made by in the future.

Michael David Siegel
Michael David Siegel
answered on Oct 5, 2017

Go to the court and see the file.

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2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: If I waive my right to sue my employer in New York State, but evidence later emerges I was not aware of that I was

was wronged, can I still sue despite the waiver? I've been offered a buyout, but they want me to waive the right to sue for any and all past actions. I'm concerned about defamation, harassment, and emotional distress.

Barry E. Janay
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answered on Sep 28, 2017

You cannot sue unless they deliberately and/or fraudulently withheld the information from you about the right to sue. That said, it still wouldn't be a clear cut case and possibly an uphill battle. Knowing more about the context here would be helpful, please feel free to reach out to me... View More

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3 Answers | Asked in Business Law and Civil Litigation for New York on
Q: Sue for beach of fiduciary duty in foreign-registered state of business?

I'm a shareholder in a Delaware corporation, but their headquarters is foreign-registered in another state. Our shareholder agreement stipulates "Governing Law" to be Delaware. Can I sue for breach of duty to loyalty in a state where they are foreign-registered, either New York or Oregon?

Michael David Siegel
Michael David Siegel
answered on Sep 25, 2017

Choice of law is not choice of forum, which can also be selected by agreement. Thus, if document is silent, you can sue in NY.

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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I make payments on my girlfriends truck out of my account.

Payments were made from my sole account. After we broke up , she now wants to surrender the truck to the lender (loan in her name). Can I take her to small claims court to recoup the monies paid towards the loan as I now have equity in the vehicle ?

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 22, 2017

Unless you made an agreement regarding those payments with your ex, and you can prove it, you likely won't have any claim.

2 Answers | Asked in Civil Litigation and Criminal Law for New York on
Q: Organized Crime in Uniform

Threaten my family to consent for ease-dropping. What is my option?

Barry E. Janay
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answered on Sep 25, 2017

If you are being threatened by a public official you need to contact the Attorney General of the State of New York immediately to report this.

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3 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Can I find an old case in Queens NYC small claims court?

It was a missed court date and want to know if a judgement was entered

Michael David Siegel
Michael David Siegel
answered on Sep 15, 2017

If you have the index number you can call the clerk.

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Can I record video-record a constituent meeting involving me and legislative staff at my congressional office?

I have requested a constituent meting with legislative staff at the congressional office of a U.S. Representative. The office has declined to allow me to video-record the constituent meeting. As this is a publicly funded, taxpayer-subsidized office, am I within my congressional rights to record the... View More

Barry E. Janay
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answered on Sep 11, 2017

Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).

In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to...
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2 Answers | Asked in Civil Litigation for New York on
Q: If I win a money judgment, how quickly can I expect to be paid? What if the other party appeals?
Barry E. Janay
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answered on Sep 6, 2017

It's on you to enforce the judgment, you can do this by issuing information subpoenas w/ restraining notices to banks.

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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for New York on
Q: Is prearrest questioning filmed, if you were not informed?

Wondering how to prove something was said when questioned but have no statements or anyway to prove I did not say what an officer has told others was said

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

During discovery, you may request a copy of all records of the arrest. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for New York on
Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

my dad and i have a joint accnt from when i was 17 and has never participated in my account, never made any deposits/withdrawals/anything, only upon my request to take out cash for me sometimes when i needed, his participation was just to accompany a minor in opening an account and purely for... View More

Leonard R. Boyer
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answered on Aug 16, 2017

Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

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3 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Small Claims for New York on
Q: Someone who put a phone on my account refused to pay her part of the bill and has left me with an over $400 bill!

She sent me texts complaining about not having money and needing a phone so I offered to help and she said she would pay her half of the bill then went to Verizon and bought a new phone with me there. Then lost her phone and went and bought another brand new iPhone and raised the bill to well over... View More

William C. Head
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answered on Aug 14, 2017

Treat this as a valuable life lesson. Cut off that phone, asap.

Then, if you have the time, sue her in small claims court.

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1 Answer | Asked in Civil Litigation, Civil Rights, Consumer Law and Real Estate Law for New York on
Q: My son advised me when I was over 70 yrs old that if I financed an extention on his house it would be better than

living alone and he would take me as a dependent and I would have place for life NOW he says he is selling house and I have to move I am 84 and living on SS What should I do? I spent over 70K for the addition!

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 13, 2017

Proceed with caution. Obviously there are none facts here for me to get a full answer, but I would look at the nature of your relationship with your son, your current living situation, and the present status of your son loan on said property.

If you would like a free consultation you may...
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