Lawyers, Answer Questions  & Get Points Log In
New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

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?

Peter N. Munsing
Peter N. Munsing 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... Read more »

Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for New York on
Q: Workers compensation.

How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... Read more »

2 Answers | Asked in Civil Litigation, Intellectual Property and Small Claims for New York on
Q: I’m NYS, and I was gifted a car, given signed title, and letter

Now they want the car back how can I transfer the title

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Aug 3, 2021

You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.

View More Answers

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.

1 Answer | Asked in Civil Litigation for New York on
Q: Hello. Almost 10 years ago I handed my co-op manager a check for $350 in order to add wife’s name to proprietary lease

He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 9, 2021

The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
Elaine Shay answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »

Michael David Siegel
Michael David Siegel answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for New York on
Q: What type of lawyer to file suit against company found guilty by NYS Dept. of Labor?

My complaint against billion+dollar US/Canadian company was investigated by NYS Dept.Labor:company admitted 'guilt' & Dept. determined 'guilty', fined & penalized. NYS Dept. lead investigator informed me that because company already admitted guilt (IE: violated NYS Mold... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on May 14, 2021

Hi. That is a very interesting fact pattern. You definitely want to consult with an attorney prior to settling a potential action. We are happy to provide you with a free consultation, as I’m sure many others are as well.

All the best. Stay safe, have a great weekend.

Jon

View More Answers

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for New York on
Q: How do I petition the court in NYC for a typo error correction on a judgement order?
David Ivan Bliven
David Ivan Bliven answered on May 13, 2021

If it's in a divorce case, then you'd file an order to show cause for an amended judgment. You'd need to submit an affirmation/affidavit stating the reason for the correction. Schedule a consult with a NYC Family Law attorney for a full assessment.

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for New York on
Q: Hi I need help with getting the subpoena for a non party to testify in a virtual deposition? Form name/ number?

New York Southern District Supreme Court in a medical malpractice case, civil action

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 3, 2021

Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.

1 Answer | Asked in Civil Litigation for New York on
Q: A friend bought me a gift and now they won’t give me the gift can I take them to small claims for it?

The gifts was sneakers and jewelry

Tim Akpinar
Tim Akpinar answered on Apr 26, 2021

In most cases, it would be difficult to sue over expectations related to gifts. In general, gifts don't give rise to the same rights and duties as formal contracts do (offer, acceptance, consideration, etc.). Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: Can I get in trouble for trespassing on someone's land in New York but not doing anything wrong, just walking?
Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

The fact of "trespassing" will likely constitute "wrongdoing". Unless you meet the statutory conditions of "criminal" tresspassing, it's just a violation in NYS (you can get a ticket for a small fine).

1 Answer | Asked in Criminal Law, Civil Litigation, Securities Law and Stockbroker Fraud for New York on
Q: Do I have civil or criminal liability if I unknowingly referred someone to an investment that turned out to be a scam?

The person I referred lost money. I did not receive any money from the person I referred or the investor.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2021

There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or... Read more »

2 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: hello! If there is a judgment who decides how to calculate the interest and what the amount is?

We have a judgment against us from an “old friend” who sued us and the case went all the way to trial in October of 2017. The judgment wasn’t filed until may 2019 and was never served upon us. Then the person said she wasn’t going to try to get the money anymore. We wanted to refinance and... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 26, 2021

Hi, Liz. The interest rate may be specified in the judgment. If not, most states have statutes that specify rates for pre-judgment and post-judgement interest. If this is a New York state court judgment, that rate is generally 9% simple interest. As always, there could be additional facts that... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for New York on
Q: Looking for statue of limitation law in the state of Illinois for hazing in boarding high school
Tim Akpinar
Tim Akpinar answered on Mar 16, 2021

That's something an Illinois attorney would be likelier to know. You could repost under Illinois. The question would have better chances of being picked up there. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.