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New York Small Claims Questions & Answers
0 Answers | Asked in Small Claims for New York on
Q: I recently went to rent a truck at UHaul and had to pay someone else’s outstanding debt inorder to receive service.

I recently when to UHaul to rent a truck and a person I’m associated with had an outstanding balance on his account and I was told in order to receive services I had to pay the said outstanding balance. Is this legal? To be responsible for someone else’s debts and be manipulated into paying.

1 Answer | Asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York on
Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More

Jack Mevorach
Jack Mevorach
answered on Jul 7, 2024

You may need a court order to resolve the situation.

Jack

0 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York on
Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Can we get security deposit back?

My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2024

Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More

2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Damien Matthew Bosco
Damien Matthew Bosco
answered on Jun 17, 2024

It is advisable to seek a second opinion from another dental professional to evaluate the implants and crowns' quality and condition. This will assist in determining if the work was performed inadequately or incorrectly. If you gather evidence that suggests negligence or substandard care, you... View More

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1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

The didn’t accept the notarized letter.

Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.

Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Small Claims for New York on
Q: Can I sue my landlord?

We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More

Michael David Siegel
Michael David Siegel
answered on Mar 4, 2024

Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.

2 Answers | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

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2 Answers | Asked in Products Liability and Small Claims for New York on
Q: What can I say in court if he wants to take it to small claims court.

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Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

If someone wants to bring a claim against you in small claims court, one option could be to discuss the person's dispute or dissatisfaction to find out if court could be avoided through negotiation. If the matter has already gone to court, the other option could be to determine if you have any... View More

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2 Answers | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for New York on
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…

It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More

James L. Arrasmith
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answered on Nov 13, 2023

In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and... View More

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2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Should I continue to take this to small claims court or should I take it to regular Court our home was three floors High

I received a violation ticket for demolition without a permit that proves that the house was still mine no money was exchanged yet

James L. Arrasmith
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answered on Nov 11, 2023

In determining whether to pursue your case in small claims court or a regular court in New York, consider the nature and complexity of your dispute. Small claims courts are typically suited for simpler, lower-value cases and can be faster and less formal. Regular courts can handle more complex... View More

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1 Answer | Asked in Consumer Law, Small Claims, Copyright, Business Law and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the... View More

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for New York on
Q: Optometrist will not replace lenses even though they advertise 1 year warranty for exam and prescriptions.

The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 16, 2023

Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Last year we loaned a cousin $2500 and were told we'd get it back in a week, so far we received $100 months ago

We also found out she has done this to many others with the same lines to the tune of over $20,000 and also sent us checks that were not worth the paper they were written on.

James L. Arrasmith
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answered on Nov 4, 2023

You might consider taking legal action to recover your funds. If the amount loaned is $2,500 and you have only received $100 back, you could potentially file a claim in small claims court, where you can sue for amounts typically up to $5,000 in New York.

Before proceeding, ensure you have...
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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

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

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

2 Answers | Asked in Landlord - Tenant and Small Claims for New York on
Q: If someone that was occupying my house, made the property non livable, can they be sued for the value of the property?

The waste drain pipe broke, causing sewage to drain into the basement, they fixed the pipe, but didn’t clean up the sewage or sanitized that area of the property. Also they have not paid their water and sewer bill, now I am being billed for this also.

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

Your post doesn't mention the nature of the arrangement. If you reposted and added the categories "Landlord-Tenant" & "Real Estate," there would be better chances of attorneys with insight into such situations picking up your question. Good luck

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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
T. Augustus Claus
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answered on Aug 10, 2023

Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More

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2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Former friend and I went on vacation in August, and now that we've had a major falling out, he invoiced me. Do i owe?

He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More

David H. Relkin
David H. Relkin
answered on Jul 26, 2023

This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More

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1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Did my landlord follow the NYS security deposit law?

My landlord has provided an itemized statement and receipts for the deductions made to my security deposit through text messaging only, the day of the deadline (14th day) to send both itemized statement and remainder of security deposit to me by mail. I did not receive the remainder of the security... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jul 19, 2023

Dear Poughkeepsie Tenant:

So little law is developed in courts throughout the State dealing with the tenant security deposit statute. Likely, you would sue in Small Claims Court. I cannot predict that a local Small Claims Court would not decide that the text message satisfied the...
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1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Can I begin a small claims action against my landlord for returning my security deposit even one day late?

My landlord has missed the 14- day return window for refunding security deposits. July 14th was the last day of the legal timeframe. I have vacated his apartment June 30th.

I have spoken to the landlord on July 14th and he has told me that he sent it in the mail postmarked for July 13th... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jul 16, 2023

Dear Poughkeepsie Tenant

Your money and your time is not a matter to provide an opinion. You may win the case or settle for a negotiated amount.

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