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New York Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Communications Law, Intellectual Property and Internet Law for New York on
Q: Can a citizen blogger writing a blog for free on a newspaper website claim censorship if that newspaper removes a post?
Barry E. Janay
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answered on Apr 8, 2017

It seems like you are confusing your first amendment freedoms with "censorship" and a private enterprise's right to control it's content. In any case more information would be necessary as too would further research.

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1 Answer | Asked in Civil Litigation, Estate Planning and Real Estate Law for New York on
Q: How long do I have to buy my grandmothers home after she passes. She had a reverse mortgage
Barry E. Janay
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answered on Apr 8, 2017

You have to look at the terms of the mortgage to determine the rights, but that said you should immediately figure out who her executor is and reach out about probating her will or starting an administrative proceeding if she didn't have a will. If the house was left to someone else you need... View More

2 Answers | Asked in Civil Litigation and Family Law for New York on
Q: Looking for the law that states when a petitioner fails to appear that the judge must dismiss the case

Petitioner failed to appear and court was adjourned to new date

New date no parties appeared case was adjourned but no new date

Case brought back into court 10 months under the same petition

Is there not a law for family court stating if petitioner defaults case is... View More

Barry E. Janay
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answered on Mar 29, 2017

It's called "dismissal for want of prosecution" under the Civil Practice Law and Rules (Supreme Court) that is Section 3216. Article 8 of the Family Court Act allows this as well.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: how long does it take for the Stinson, et al. v. The City of New York, et al. claim form to come back after filled out?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

See: https://www.nytimes.com/2017/01/23/nyregion/new-york-city-agrees-to-settlement-over-summonses-that-were-dismissed.html

What do you mean "come back"? Payment of the claims should occur within the time period ordered by the judge. You can access court orders and public...
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3 Answers | Asked in Civil Litigation and Criminal Law for New York on
Q: I had a business and I owe them $900000 and they r probably going for court theft of deception case my business is close

What my options r and what's the worst case scenario

Michael David Siegel
Michael David Siegel
answered on Mar 23, 2017

It depends who "they" is. You posted on civil and criminal which are different. No one could answer your question from this limited information.

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3 Answers | Asked in Civil Litigation and Collections for New York on
Q: How can I place a lien against someone who owes money from a small claims judgment?
Michael David Siegel
Michael David Siegel
answered on Mar 21, 2017

It depends on where you got the judgment, which your post does not say.

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3 Answers | Asked in Civil Litigation and Traffic Tickets for New York on
Q: does the eighth Amendment apply to traffic tickets. i have gotten two driving without a license i cannot pay the fines

if i already have a Driving without a liscense ticket and i cant pay that fine? Excessive fines Eighth Amendments rights

Barry E. Janay
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answered on Mar 21, 2017

it does apply to U.S. Citizens and all courts in the United States, however I do not believe that it has been challenged in the Supreme Court for traffic tickets. My advice to you is to save up and pay the fines.

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2 Answers | Asked in Civil Litigation for New York on
Q: how do i find a lawyer on a specific case? I have specific information on wrongful death suit
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 16, 2017

Do you mean a lawyer to retain or a lawyer assigned to represent a party in a matter already pending?

In the former case, look no further… This site is a great beginning point for your search for an attorney. In the latter case, you may ascertain the attorneys identity by searching the...
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2 Answers | Asked in Civil Litigation and Estate Planning for New York on
Q: Just married & thinking about buying a home. If I buy a home & place the title and deed in an LLC, does it insulate me

Will that action insulate me from divorce problems like the woman taking half of my assets.

Michael David Siegel
Michael David Siegel
answered on Mar 13, 2017

No. And it has negative tax implications as you lose primary residence deductions. A prenuptial agreement does what you want.

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1 Answer | Asked in Civil Litigation for New York on
Q: Can I. Still get money. Owe to me from McCain claim

I was there. 1986 1996 2004

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 14, 2017

A judgment is enforceable for 20 years in the state of New York

3 Answers | Asked in Civil Litigation and Lemon Law for New York on
Q: New York car dealer refusing to repair car transmission despite having dealer warranty. Can Lemon Law apply? Refund?

Purchased used Fiat from Audi of Huntington in Long Island, New York. Came with a 90-days warranty. Transmission and suspension issues were conveyed to the dealer manager a week after purchase. These issues impair the value of the vehicle and are serious mechanical problems. Manager agreed to take... View More

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

Yes the Lemon Law applies. They are required to fix the car. Document your request. Copy Audi headquarters.

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2 Answers | Asked in Civil Litigation, Real Estate Law and Business Law for New York on
Q: My business partner cut me out of a valuable real estate purchase we were to purchase together. What are my options?

My business partner and I were to purchase a valuable piece of real estate expecting the bank to use our stock in another property as collateral. I was not present when my partner went to the bank for the financial requirement meeting as he has attended these meetings before on our behalf.... View More

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

Without an agreement in writing to cut you in, you have no case.

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1 Answer | Asked in Criminal Law, Civil Litigation and Sexual Harassment for New York on
Q: a male teacher grabbed my 15yr old sons butt. He goes to a smallChristian H.S.(no overseer). The teacher is still there

My son hasn't been to school. I attempted to get his work but no teacher was available. I reported the incident and I'm waiting for the DA and detectives to move forward. Meanwhile it looks like I'm going to be forced to uproot my son and place him in another store in the middle of a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

You may be able to sue for assault against your child, breach of contract, and negligence. 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,... View More

1 Answer | Asked in Civil Litigation for New York on
Q: I am a co defendant in a law suit filed in the Supreme court of the state of new york (civil). I do not live in NY.

I do not live in NY and do not have any business's in NY. One of the defendant's is based in NY. Can I get relief based on jurisdiction?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

If you want to object to the court's jurisdiction over you, you must do that immediately and not respond to the substantive issues in the case. It's not a good idea to try to do this on your own as pro se litigants can easily make an error that will waive their jurisdictional objections.... View More

4 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for New York on
Q: Can I sue an art dealer for not doing due diligence to realize the commercial value of my art work?

I entered into a contract with an art dealer (over 100 pieces of art) for a 13 month termination date. I met the dealer during an "art road show" that came to our village church. I took him at face value and looked at his website. I later found out that his "building" was... View More

Michael David Siegel
Michael David Siegel
answered on Jan 17, 2017

It will depend upon the terms of the agreements that you signed. If your work will be given to the highest bidder, and you want to stop it, you are going to have to go into court with an order to show cause ASAP.

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2 Answers | Asked in Bankruptcy, Business Law and Civil Litigation for New York on
Q: 28 USC §586 creates a duty of the US Trustee to the citizens of New York. If so, can they be sued for tort under FTCA?

28 USC §586 is the statute that sets out the duty of the US Trustee in overseeing a Bankruptcy action. If they breach this duty (for example purposely not appointing a unsecured creditors committee in Chapter 11) can they be sued for a tort under the Federal Tort Claims act (FTCA)? If yes would... View More

Leonard R. Boyer
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answered on Jan 15, 2017

This is not the type of vague hypothetical question that is appropriate to this forum.

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. Use AVVO's Find a Lawyer tool to...
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1 Answer | Asked in Civil Litigation and Health Care Law for New York on
Q: Can I forward a email reply I received from an outpatient coordinator in Al to a judge in Al ?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Feb 17, 2017

There are too few facts to this question to generate a complete answer. The answer, preliminarily, is ABSOLUTELY NOT UNLESS THEY ARE YOUR OWN MEDICAL RECORDS OR, IF YOU REPRESENT THE PATIENT, THE PATIENT HAS PROVIDED PROPER HYPAA authorizations to all necessary parties (the provider, you and the... View More

1 Answer | Asked in Child Support and Civil Litigation for New York on
Q: I lost my job and I am on unemployment. can the judge deny the reduction in my child support petition?

I was the respondent in a CS case the judge awarded my wife $285 a week plus retro active support in the amount of $2600. So I am supposed to pay almost $450 a week. I lost my job and receive UE. I am petitioning to get this reduced while I am on UE. Can the judge deny the reduction?

Barry E. Janay
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answered on Dec 29, 2016

Yes if you lost your job through misbehavior or even negligence on your part. Judge's in determining child support look at what is in the best interest of the child first and then take other equitable considerations into account when determining support levels.

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New York on
Q: As long as I don't say names of ppl, places or their age in a video about a teacher can I get in any kind of trouble?

I want to make a story time video about this teacher in my school but I also don't want to get in trouble. As long as I keep their name, age, name of the school and my friends (basically no information about my school or related to my school) can they legally suspend me or get me in trouble?

Barry E. Janay
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answered on Dec 19, 2016

Your question potentially has two primary issues to deal with in answering, the first concerns privacy rights the second involves defamation law.

While privacy laws vary from jurisdiction to jurisdiction and the law changes fairly frequently as well as rulings are difficult to predict...
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