Get free answers to your Civil Litigation legal questions from lawyers in your area.
My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... View More 
answered on Mar 28, 2022
I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... View More
I dont feel comfortable. I was given option of signing hipaa forms but firm says they prefer I sign power of attorney. Please someone help me understand if this is ok.
answered on Feb 25, 2022
HIPAA forms used for requesting medical records have a section where an attorney can sign on behalf of the patient/client if they have authority to do so. It can be a convenience for the client. It's the client's choice. As a case progresses, the list of medical providers can grow. If the... View More
We have proof of her standing in front of our house deliberately taunting our dogs. Along with every letter she sent threatening us with the police and animal control. Do we have a harassment claim against her?
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answered on Feb 28, 2022
Whether this rises to the level of harassment will be a judgment call by the police or a local prosecutor. However, it may be a good idea to get her actions on record as a preemptive measure before she makes a complaint to the police. If your dogs are barking a lot and disturbing the... View More
I had been complaining to the landlord for months they would try to fix it, it was never right, he and His Drunk handyman put in bigger fuel jets and it burned twice as much fuel. a few days ago at bed time it went out, we hit the reset and a few minutes later the furnace went up in flames, we made... View More
answered on Feb 7, 2022
First find out if your loss is covered by insurance. If there was an insurance policy in effect for the premises, then the type of lawyer you would need would be a civil litigation lawyer versed in property and casualty claims. Thankfully, it looks like no one was injured. If there is a policy in... View More
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
answered on Jan 24, 2022
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... View More
I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as... View More
answered on Jan 24, 2022
I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant... View More
I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... View More
answered on Jan 15, 2022
Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.
School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... View More
answered on Jan 5, 2022
Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.
I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... View More
answered on Dec 14, 2021
Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... View More
The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.
The service... View More
answered on Dec 9, 2021
A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.
have proof that the issue is in the city sewer pipes from a certified plumber and they are stating it is homeowners responsibility to fix it.
answered on Nov 17, 2021
It sounds like something an experienced civil litigation attorney should be able to handle. If they have experience in dealing with municipal agencies such as water, building, environmental, etc., that could be helpful. Good luck
answered on Nov 15, 2021
Are you the defendant or plaintiff? More contexts will be needed for a decent answer to your question.
I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... View More
answered on Nov 8, 2021
You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... View More
I need to find a complaint for a law class
answered on Nov 2, 2021
If you search for summons and complaint, you should be able to see a number of standard formats used. You could also check unified court system records or other legal data bases for actual pleadings from cases. Good luck
Tim Akpinar
answered on Oct 27, 2021
There is no question to answer.
Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.
The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the... View More
Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.
answered on Oct 27, 2021
Yes it is. But, it depends on the terms of the contract.
They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... View More
answered on Oct 14, 2021
If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.
I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... View More
answered on Oct 6, 2021
I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... View More
We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.
I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?
answered on Sep 17, 2021
Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... View More
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