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New York Civil Litigation Questions & Answers
1 Answer | Asked in Employment Law, Business Law and Civil Litigation for New York on
Q: Are bars in Manhattan required to preserve surveillance video a minimum number of days before destroying or overwriting?
Jack Mevorach
Jack Mevorach
answered on Jul 21, 2023

Not sure. Check with the NYS Liquor Authority.

Jack

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: is it legal that POA changed beneficiary of a life insurance to themselves.

My mother made my sister POA. My sister made herself a beneficiary of life insurance policies. Is that legal.

T. Augustus Claus
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answered on Jul 11, 2023

A Power of Attorney (POA) does not grant the agent (in this case, your sister) the authority to change the beneficiary of a life insurance policy to themselves unless specifically authorized by the principal (your mother) or allowed by applicable laws.

Changing the beneficiary designation...
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1 Answer | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: What steps should I be taking to establish a pet custody agreement outside of a court?

We broke up 3 weeks ago. I have had the dog in my custody since. We both purchased the dog together a year ago.

T. Augustus Claus
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answered on Jul 5, 2023

You and your ex-partner should consider negotiating and reaching a mutually agreeable arrangement. Discuss factors such as the dog's best interests, living arrangements, visitation schedules, and financial responsibilities. It is recommended to document the agreement in writing and have both... View More

2 Answers | Asked in Civil Litigation for New York on
Q: how do i find out if someone has a judgment against them?
Michael David Siegel
Michael David Siegel
answered on Jun 11, 2023

If you do not know what court you think entered it, you can run a credit report. You may need a private investigator to do it.

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1 Answer | Asked in Civil Litigation and Business Law for New York on
Q: We have been approved by the United Methodist Church of New York to disaffiliate. Our certificate to amend our

corporation petition was acted upon locally, Montgomery County NY. We received a letter from the law clerk that a corporation cannot appear pro se before the court. In speaking with other congregations, this is unheard of. Any advice?

Michael David Siegel
Michael David Siegel
answered on Jun 10, 2023

Anytime a corporation appears in court, it must have a lawyer. It is a statute. There is an exception for small claims. Thus, it is not "unheard" of. I am not sure why you are in court. Membership in the Methodist governing body is a private matter, so there must be other issues here.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

1 Answer | Asked in Civil Litigation for New York on
Q: A bank wants to sue a deceased family member for credit card debt and served us papers. How should we handle this?

The deceased family member lived in a different state than us and left no assets. We also had their mail temporarily forwarded to us in NY. The bank traced the forwarding and filed a suit in our state. They are unaware the family member has passed. Should we just alert them to the death and be... View More

Michael David Siegel
Michael David Siegel
answered on Jun 6, 2023

Just alert them to the death. A copy of the death certificate would be a plus.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More

Peter J. Weinman
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answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More

1 Answer | Asked in Business Law, Civil Litigation and Mergers & Acquisitions for New York on
Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying

Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell

Peter J. Weinman
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answered on May 18, 2023

Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?

1 Answer | Asked in Civil Litigation for New York on
Q: Person borrowed money and doesn't want to give back
Tim Akpinar
Tim Akpinar
answered on May 6, 2023

This doesn't sound like a family law matter, the category where it's posted. It's basically a civil litigation matter. One option would be to consult with an attorney about the cost of a collection action. If you're interested in a do-it-yourself approach, you could look into... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: The driving law states in nyc a driver with a permit needs dual brakes, yet while taking the road test while you only

Have a permit and don't need dual brakes

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...

"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person...
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1 Answer | Asked in Banking and Civil Litigation for New York on
Q: legal protections on loan

i took out a loan via reddit(im in ny they are seemingly based in canada) 2000cad for 7750 cad repayment in installments

unfortunately with a sick grandmother and being disabled the debt and subsuquent repayments have become crushing i wish i hadnt taken out the loan but i was desperate at... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

Usury might be a defense, along with enforceability of the note. Consult an attorney to evaluate your case.

2 Answers | Asked in Civil Litigation and Contracts for New York on
Q: Attorney is steering me

When when I first spoke with him we agree that there was a breach due to the failure to ensure in the loss from the fire. Now he is trying to convince me that it will cost too much money while at the same time no proper appraisal has been provided. He's stonewalling me, I say I understand the... View More

Jack Mevorach
Jack Mevorach
answered on Apr 19, 2023

You're better off retaining new counsel. Have a free telephone consultation with counsel.

Jack

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1 Answer | Asked in Civil Litigation, Environmental and Small Claims for New York on
Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway

My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More

Michael David Siegel
Michael David Siegel
answered on Apr 1, 2023

Call 311 in NYC. The Department of Buildings can issue a violation.

1 Answer | Asked in Contracts and Civil Litigation for New York on
Q: The reason for my failure in using the statute of limitations was that just before the 6 yr period elapsed in NY.

I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.

How do you claim service if there is... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.

1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... View More

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... View More

1 Answer | Asked in Civil Litigation for New York on
Q: This question is directed to Mr. Smollen. I added additional information to my original statements.

This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... View More

Victor M. Feraru
Victor M. Feraru
answered on Mar 25, 2023

You've asked this question in two places--this is a situation where you absolutely need an attorney. No ones position would change much, you have to present the facts of your case in a forum outside of here, retain an attorney of your choice, and handle this issue in Court.

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: How do I get the owner of a business name for small claims court. I can't find it anywhere only the ny dos number
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

I'm sorry your question remains open for four weeks. At this point, one option might be to discuss with process service companies or investigation companies that conduct skip tracing and other research to locate people. Good luck

1 Answer | Asked in Civil Litigation for New York on
Q: I got someone's elses court papers via mail. What should I do, I assume that they dont want to miss their date...
Tim Akpinar
Tim Akpinar
answered on Mar 13, 2023

You could contact them (or their attorney, if an attorney is listed) and notify them of the error. You could also let the issuing attorney know so that they could correct their mailing information. Thank you for taking the trouble to help the parties avert a no-show. Good luck

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