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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New York on
Q: I was told from a former colleague that some guy came into my old job and tried to serve me papers

I was told from a former colleague that some guy came into my old job and tried to serve me papers. I have no idea what this could be about. Who or where can I call to find out who is trying to serve me? I have about $6000 in credit card debt that I make min payments on, nothing too crazy or... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

This is too vague. 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, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: My wife and I were married over 14 years. We both have adult children. We are in our 80's. I moved into my wife's house

After we married, renting out my own house. We acquired a large shed and carport during our marriage. My wife's home was transferred into her kids names years ago. My wife passed away and I am in process of moving back to my own home. I want to take the carport and shed to my home and her... View More

Barry E. Janay
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answered on Aug 7, 2017

If there part of the real property (i.e. an improvement) then likely "no" if they are personal property, then your wife's estate is entitled to 1/2 of their worth meaning you split it 50/50 with the children. Just make a deal with them that is fair.

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Do we have a chance of winning a small claims court case

Son gave keys to friend to remove book bag from vehicle that he left there. Friend decides to take vehicle for a ride without permission. In possession of the vehicle he blows the motor. He admits on police report that he use the vehicle without permission do we have a case

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

Yes, but you are going to have to prove the damages with invoices from the mechanic that repaired it.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Landlord - Tenant for New York on
Q: are there any laws that protect me from harassment against doorman provided by landlord in my apartment building (nyc)?
Barry E. Janay
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answered on Jul 31, 2017

Yes, you can get a cease and desist or file a criminal complaint if you feel threatened.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for New York on
Q: Hello, I'm a IC and another IC person went to my truck to take parts from it, can I call the police to press charges ?
Barry E. Janay
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answered on Jul 31, 2017

Limited facts, but yes, it sounds like he stole your personal property.

1 Answer | Asked in Civil Litigation, Consumer Law and Employment Law for New York on
Q: Hello i am inquiring about an issue my girlfriend had with planet hollywood in Las Vegas. They had a photographer alter

her facial structure and skin tone, eyes, lips etc.. we have the photo. she suffers from drpreasion and anxiety. She was very upset. planet hollywood has done nothing to the employee. the emplyee works for a photography company that planet hollywood uses. what can we do?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

Are you in NY? What damage has she suffered? 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, testimonials, and media appearances/... View More

3 Answers | Asked in Civil Litigation for New York on
Q: Extension of Time to Reply to Complaint

Hi. I filed a civil complaint in NY Kings County Supreme Court. The defense attorney requested a 60 day extension of time to reply to the complaint. The complaint and summons were properly served and they have 20 days to reply. No RJI has been filed and no judge has been appointed to the case.... View More

Barry E. Janay
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answered on Jul 19, 2017

You can decline, but it is very common and part of normal courtesy to give one adjournment. If you want you can get something in return like asking them to "waive any jurisdictional defenses," that's usually what I do when I'm in a situation like the one you described.... View More

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2 Answers | Asked in Business Formation, Civil Litigation and Employment Law for New York on
Q: I currently work for a non-profit organization in Iraq, and the ngo would like to open a branch in the USA, can we?
V. Jonas Urba
V. Jonas Urba
answered on Jul 19, 2017

With the internet essentially anyone can open "branches" anywhere. It depends on what you mean by a branch.

I think you are asking more of an immigration or temporary work visa question regarding who "might possibly" be permitted to travel to a new physical location in...
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1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant, Libel & Slander and Municipal Law for New York on
Q: My neighbor has verbally threatened to make false child abuse allegations because I made a complaint abt her dog.

We rent a condo in NYC (since July 2016). The landlord is amazing and we have had no problems whatsoever….until new tenants moved upstairs (both condos are owned by my landlord). Long story short they have a dog that barks uncontrollably when left alone. These tenants work all day so this... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

You can report the noise to the police and the landlord. If they defame you, you can sue for that. 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,... View More

2 Answers | Asked in Civil Litigation and Libel & Slander for New York on
Q: A local town police officer has continually told my girlfriend I have gps tracking on her can I sue for defamation

He is also pursuing her sexually while try to erode our my relationship with my girlfriend by telling her I track her with gps. He is undermining her trust in me. All while on duty he comes to her work and I personally see it as harassment . She does not because she thinks he is "her... View More

Barry E. Janay
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answered on Jul 17, 2017

This definitely would make for an interesting slander case against the officer and potentially the police department since he is arguably abusing his position as a police officer. Email me privately if you want to discuss further.

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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for New York on
Q: How Do I impose a $100 fine on plaintiff who refuses to file satisfaction of judgment

I live in New York. I was a defendant in a small claims case and I lost. I paid the plaintiff over two years ago. I wrote and asked her to please file a satisfaction of judgment and she wrote back refusing. I have looked up the law and have learned that I can impose a $100 fine on her for not... View More

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

You need to make a motion in the small claims court.

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1 Answer | Asked in Civil Litigation for New York on
Q: How do I request the ability to file a Sur-Reply to my attorney's reply to the Court?

Judge adjourned a decision on attorney request for withdrawal pending attorney's request to Reply to my Opposition. I do not know what his reply entails as I have not yet received a copy. Is it the kind of thing that I can and should reply to if the attorney is stating misinformation? Is it... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

Typically such additional replies are discouraged, and you may have to petition for permission to do so. Consult with the rules of court in your particular court re: that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: Serving by Cert Mail Return Receipt, can I myself mail the Affidavit of Opposition to my attorney's withdrawal OSC?

I am getting mixed answers from the Court's website and from the Court itself. I am a defendant and my attorney is requesting to withdraw. I received the Order to Show Cause and I want to oppose by Affidavit In Opposition. I was told that I myself can mail by Cert Mail Return Receipt the... View More

Michael David Siegel
Michael David Siegel
answered on Jul 9, 2017

You can sign it.

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2 Answers | Asked in Consumer Law, Business Law and Civil Litigation for New York on
Q: Is a used car dealership operating as a DBA required to have a lawyer in a lawsuit

I recently purchased a used car from a used car dealership for $11,418 and the transmission went 2 weeks later and there saying that at the time of purchase there was 125,144 miles on it but I didn't receive any of the paperwork for the car until 4/18/17. Also after I made my initial down... View More

Barry E. Janay
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answered on Jul 5, 2017

a d/b/a is not a corporation or business entity, as such the owner can be held individually liable and there is no separate entity that would require a legal representative, in short he or she would not have to have a lawyer.

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3 Answers | Asked in Contracts and Civil Litigation for New York on
Q: What is the process for when an attorney files an application to withdraw?

My attorney sent me a letter informing that the next day (24-hours later) he will be filing application to withdraw. (I live out-of-state.) His letter stated that all parties and attorneys will have the opportunity to appear and respond at that time, or it will be submitted for signature with no... View More

Michael David Siegel
Michael David Siegel
answered on Jul 2, 2017

You are part right and part wrong. The attorney files an Order to Show Cause served on you. You can object, but there are few grounds to force an attorney to stay in a case. Fees are a separate issue. If the motion is granted, you will have 30 days to get a new lawyer or appear yourself. After... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: (a) What type of court should I file a suit in? (b) What type of suit should I file?

I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed a very simple LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 28, 2017

It depends on whether your desire to back-out is covered by the escrow agreement. Have a lawyer review it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Civil Litigation for New York on
Q: If I file a NY or FL suit to get escrowed funds after seller files a FL suit for same reason, will my suit be dismissed?

I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed an LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an escrow agent,... View More

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

You must sue in FL. As a suit is already there, you need to answer and counterclaim in the suit that exists.

3 Answers | Asked in Contracts, Business Law, Civil Litigation and Mergers & Acquisitions for New York on
Q: (a) Can I use NY as venue for a suit? (b) What type of court should I file in? (c) What type of suit should I file?

I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed an LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an escrow agent,... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jun 28, 2017

Under the Letter of Intent does it state what states law and jurisdiction shall apply? if it says FL then you must file in FL. If it is silent, then the issue is do you fulfill the long-arm statute for NY. If you file in New York and the Court decides it does not have jurisdiction you will have... View More

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3 Answers | Asked in Civil Litigation, Foreclosure, Real Estate Law and Elder Law for New York on
Q: Q1.If the mortgagor dies in 2009, and the mtg contract is due, but the lender does nothing. Is that deemed accelerated?

Q2. If the lender servicing agent states in writing, it has referred the home to foreclosure, is it accelerated?

Q3. And if so does subsequent communication also deem the loan status accelerated?

Barry E. Janay
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answered on Jun 22, 2017

The answer unfortunately is that it depends on the language in the mortgage.

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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for New York on
Q: could i sue my employer(contractor) for eavesdropping without my consent?

Brooklyn, NY-- i believe It's a felony.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 9, 2017

There might be an invasion of privacy issue here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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