A repair shop is claiming they are not liable for damages caused to my vehicle while it was at their shop in their possession because they didn’t have a signed repair order. The vehicle was brought in for a sunroof repair and the shop failed to fix it and left it outside in the elements for 100... View More 
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answered on Apr 21, 2023
More info is needed. Why was it in their shop if there was no repair order? Was a repair completed and you failed to retrieve the vehicle timely? What was the damage? Who caused the damage? Either way, doesn't the shop have insurance? If not, do you have insurance?
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
answered on Apr 1, 2023
Call 311 in NYC. The Department of Buildings can issue a violation.
This event took place 13 years ago and there has been very little activity around it for 7 yrs. I presented a motion to dismiss based on dormancy, but the judge ruled against me and told me to answer the claim. I did .
What is my next step in my efforts to get this matter dismissed?
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answered on Mar 29, 2023
Why do you feel it will be dismissed? We probably need more information. You did not say anything about disputing the debt and you said there's been at least "some" activity for at least some of the last 7 years... What sort of activity? Have you made payments or acknowledged the... View More
The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.
It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.
although there was some contact before the 6 yr period elapsed,... View More
answered on Mar 29, 2023
Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... View More
I was informed that she isn’t able to recertify her housing government assistance apartment while have an outstanding balance. Is that accurate? Also I have asked countless times to see where my payments have been sent and I have not gotten any response from her. I’ve asked her for the... View More
answered on Mar 5, 2023
Dear Manhattan Tenant:
You may have been taken for a ride. The Tenant is not allowed to sublet subsidized housing where the tenant is required to certify. There is no barrier to certification even with a rent-due balance.
I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... View More
answered on Mar 3, 2023
What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... View More
I did not move into the apartment at any time. I did not sign a lease nor did I receive keys. I requested a deposit because my step father passed away he was my mothers caregiver and I now have to be responsible for her and my uncle who is autistic and both need round the clock care. I sent a... View More
answered on Feb 24, 2023
Dear Islip Tenant
You did not create a tenant security deposit without signing a lease. The security deposit statute is not involved.
Your right to sue for recovery of the money turned over as a hold deposit depend on the writen disclosure made and signed by you and the written... View More
the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement
answered on Feb 17, 2023
First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... View More
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answered on Mar 14, 2023
There are exceptions, but 16% per annum is the maximum legal interest rate based on what you describe. More than that exposes them to civil liability. More than 25% will expose them to criminal liability.
will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic
answered on Jan 29, 2023
Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... View More
I tryed to resolve this issue within the 30dats he was the one who prolonged this not me my husband and in made numerious attempts he ignored us
answered on Jan 26, 2023
If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More
answered on Jan 8, 2023
While you can file a criminal complaint against the scammer, as to you and the bank, you will owe this money.
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... View More
answered on Dec 15, 2022
If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.
answered on Dec 9, 2022
Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.
answered on Dec 26, 2022
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to... View More
Also do they have to give back double for not having it back on time?
answered on Dec 2, 2022
Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... View More
Person 1 is holding two boxes of snacks that are identical. Person 1 wants to give one of the boxes to person 2. Person 2 is indecisive and says you can pick whichever one. Person 1 gets infuriated and starts shouting at person 2 to pick a box. Person 2 tells person 1 that they do not want to speak... View More
answered on Dec 23, 2022
Really? How does this get to Small Claims Court in New York State when the box thrower was in New Jersey? Attacking another person with a thrown object and striking that person is a crime.
answered on Oct 8, 2022
You could reach out to several forensic handwriting analysis experts and ask them about their fees. Good luck
On a month to month lease, we are moving out on the 3rd and new tenants occupy on the 4th. The building manager is saying what they charge us is based on a percentage or what the other tenants don't pay. This all sounds false and shady. We paid every month, never late they walked through the... View More
answered on Sep 9, 2022
Your question may have gotten overlooked for two weeks because of the categories posted under. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee every question here is picked up, but you'd have better chances of a L-T attorney seeing your post there. Good luck
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