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New York Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my kids..kids will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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2 Answers | Asked in Civil Litigation for New York on
Q: Can I sue someone that stole money from me and left me stranded it's been over 4 yrs but the person still acknowledges

The debt they amen to me this summer to talk about it can I still sue since they still acknowledge and promise still to pay me back

Michael David Siegel
Michael David Siegel answered on Nov 13, 2020

Yes. The statute of limitations is six years. But, an oral acknowledgment of the debt does not re-set the statute. Must be written.

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
Howard E. Knispel answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 27, 2020

What does the lease say? Usually, leaks, even in commercial property are the responsibility of the Landlord.

So, your options are probably:

1. Repair and deduct,

2. Sue for breach of contract, or

3. Declare the lease breached and leave.

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1 Answer | Asked in Civil Litigation for New York on
Q: 2016 civil lit case, slipped thru cracks, decision provided in a March 2020. I won. Def. files motion to reargue in Sep

How can they still file a option months later? Can only guess related to Covid?

Judge that trialed case forgot about it. I followed up since 2017 to keep active, finally got decision in March 2020.

Motion filed to reargue by def., to be referred back to orig judge.

Judge... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

Due to the PAUSE orders by Gov. Cuomo, the time to file a motion to reargue was tolled. Thus, based on your post, it appears timely. However, if there is no stay, and you have the right to enter judgment, you can do so.

1 Answer | Asked in Civil Litigation and Traffic Tickets for New York on
Q: I got a ticket for having an open can of alcoholic beverage what do I do?

Do I need a lawyer or just pay the fee?

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

What do you do? Reach out to an attorney for a quick consult. Many attorneys would offer you a free initial consult to outline your options and their fees. You could locate attorneys in or near the county where this happened in the Find-a-Lawyer tab above, or you could search independently online.... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: I need a case law regarding these?

I just need caselaw showing three things one does the HPD have to prove the name of ownership at the time they placed a notice

Can HPD make me pay relocation expenses for illegal tenants tTenants without lease or any kind of agreement to occupy the property building

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

Most law offices, including mine, have programs that provide case law. However, what you're asking is for someone to spend time researching, refining, and providing that to you. I'm not sure if this is the right forum for that. Although, perhaps one of my colleagues would be happy to... Read more »

1 Answer | Asked in Small Claims, Civil Litigation, Domestic Violence and Landlord - Tenant for New York on
Q: My sister & I own a house and her live in boyfriend punches holes in the walls out of anger. Can I press charges?

I called the police to report domestic dispute, but she refused to file a report. I didn’t know about the holes at the time. Can I call the police back, and press destruction of property charges?

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

If the boyfriend is damaging your property, there is nothing keeping you from calling to report a crime. Law enforcement will decide whether they'll arrest, cite, or charge the individual in question.

2 Answers | Asked in Civil Litigation for New York on
Q: Do I have any legal recourse since I had two rings, totaling 18,000, stolen while I was in surgery in a NYS hospital?

I had a 3rd surgery, knowing the procedures however it’s during Covid and my husband was not with me to help. I forgot to leave my rings at home. I was given bags for my stuff and put my rings in those because that’s all I was offered. I was not told there was a safe at all! After surgery, the... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 25, 2020

You can sue. Also, you might want to call a media outlet. These stories are big in COVID times. That might give you leverage.

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1 Answer | Asked in Construction Law, Civil Litigation and Land Use & Zoning for New York on
Q: NYS recently passed a law superceding a local law. The local law has provisions inconsistent with the NY law, but parts

are more restrictive. Will the local law have to be rewritten and can all the extra restrictions be added right back in?

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

As a general rule, state laws generally supersede local laws. There are settings where local laws are sometimes stricter than state or federal laws. In terms of local laws being rewritten, that could be up to city officials, based on peoples' feedback. It would be best to consult with an... Read more »

2 Answers | Asked in Civil Litigation, Personal Injury and Nursing Home Abuse for New York on
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.

All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC

Charles K Sanders
Charles K Sanders answered on Aug 16, 2020

You can talk to you and experience personal injury lawyer in your state.

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2 Answers | Asked in Civil Litigation for New York on
Q: i sold my cat to someone on craigslist and asked for her back do they Return her since i am offering their money back?

I rehomed my 11 month old kitten shadow on craigslist . I am asking the person i sold it to for her to return her . I told her i would give her , her money back plus $60 extra dollars. She said she would return her for the money but now she is refusing to give her back. I havent given her the... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

It could depend on whether the two of you entered into a valid contract. If you satisfied the elements of a contract, in terms of an offer, acceptance and consideration, and there is proof of that, that could memorialize a done deal. But it looks like you have subsequent communications that might... Read more »

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1 Answer | Asked in Copyright and Civil Litigation for New York on
Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 12, 2020

Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... Read more »

2 Answers | Asked in Civil Litigation and Real Estate Law for New York on
Q: Being sued in a partition suit in a joint tenancy.
Elaine Shay
Elaine Shay answered on Aug 4, 2020

If you were served with a summons and complaint, you will need to submit responding papers within a specified time depending upon how you were served. Suggest retaining an attorney to do so on your behalf and to attempt to negotiate a resolution on your behalf.

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1 Answer | Asked in Civil Litigation for New York on
Q: i signed a contract to purchase a house before covid19. Now seller refused to close. can i sue for specific performance?

i had signed the contract before covid 19. i got loan commitment. Now sellers are keeping making excuse not to close as unable to find apartment. Can i sue them for specific performance? court are not working properly. Does it take a long time before you see a judge. How does it work?

Michael David Siegel
Michael David Siegel answered on Aug 4, 2020

Do you have a lawyer? Prior to suing you need to send a "time is of the essence letter" to the seller. Then you can file a complaint. You see a judge quickly as you file an order to show cause and the courts are hearing motions online.

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for New York on
Q: Could a plaintiff appeal the lower court decision on a civil lawsuit and where can I fine case law on it
Michael David Siegel
Michael David Siegel answered on Jul 28, 2020

Any decision can be appealed. Where to appeal depends on which court decided it. There are very strict time deadlines to appeal.

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1 Answer | Asked in Civil Litigation for New York on
Q: Can I put up a 3.5 foot fence ( lattice )in a small area of my back yard to keep my toddler within them boundaries

I have a huge yard and blocked a small area in the back off with lattice to keep my toddler in 1 designated spot and just recieved tickets saying I need a permit I feel like this is wrong

Michael David Siegel
Michael David Siegel answered on Jul 27, 2020

It would be an issue of local code. Anything is possible. Talk to the Code Enforcement Officer.

4 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Juvenile Law for New York on
Q: Can I be sued for negligence on behalf of my child?

My 10 year old son waa riding his bike on the sidewalk and accidentally bumped into a woman. The woman fell and scraped her elbow. My son got scared and left his bike and ran home. A few minutes later, I arrived at the scene and the woman's husband immediately began threatening to sue me. The... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 13, 2020

In theory you can be sued. Anyone can sue anyone. If you are, send it to your insurance company. If you have no insurance, you will likely not be sued.

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1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Constitutional Law for New York on
Q: Is there a law that allows me to protect myself against state-mandated threat of infection to my life and my child’s?

Thanks in advance for your time.

I have an 8 year old daughter. Her mother and her partner are reckless about COVID-19 infection, attending protests, traveling on airlines, not wearing masks, not using sanitizer etc. By contrast, I have protected my daughter with every measure possible... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Your choices are either not to have your daughter come to you or to go to court and ask for custody.

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