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New York Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation for New York on

Q: NYS nfp Corp pres resigned and is refusing to turn over records

Michael David Siegel answered on Sep 4, 2019

Records belong to the not for profit. Where are they? It may be a criminal taking and the police would help.

1 Answer | Asked in Civil Litigation for New York on

Q: Is there a time limit to request an item for discovery after an action has been commenced and sceduled for trial?

Michael David Siegel answered on Sep 4, 2019

Yes. But it depends on the court (Supreme, Civil) and the trial date.

1 Answer | Asked in Civil Litigation for New York on

Q: How do I go about removing inaccurate info on my credit report.

Payments made on a legal agreement through the courts were paid in full, but the courts never reported to the credit bureaus that they were paid.

Michael David Siegel answered on Aug 28, 2019

Court stuff cannot be done with the credit bureau directly. A satisfaction of judgment needs to be filed by the judgment creditor. If it is criminal restitution, call the clerk.

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for New York on

Q: Can cps call and harass me after they have already found the case unfounded and closed my case? I feel its personal now

My girlfriends ex boyfriend has been been harassing me for years. He recently started making false reports to CPS. We just had a ninety day open investigation and they found the case to be false and unfounded. Now they have started calling my girlfriend again and requesting to come over and get a... Read more »

John Anthony Pappalardo answered on Aug 26, 2019

Within reason it is always advisable to cooperate with CPS

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1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on

Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed pay me... Read more »

Michael David Siegel answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on

Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?

Tyler Fredrickson answered on Aug 7, 2019

Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending the... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on

Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?

Charles Joseph answered on Jul 24, 2019

Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »

2 Answers | Asked in Civil Litigation for New York on

Q: My mother died in interfaith hospital in 2006 and there was a lawsuit pending. How can I locate the information

While she was being treated for cancer the ceiling collapsed on her.

Michael David Siegel answered on Jul 6, 2019

It should be searchable online, but you can go to the court and speak to the clerk.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for New York on

Q: Help filing suit for breech of contract.

I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Business Law and Civil Litigation for New York on

Q: I need to depose witness that lives out of state. I want the depo governed by NY CPLR rules. any caselaw on this?

Michael David Siegel answered on Jun 6, 2019

Even better, there is a statute. You need to get something called a commission, which is a special proceeding in the state where the witness lives, based on an order from the NY court.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for New York on

Q: Can a non profit mortgage co receiving federal grants rescind qualification because you have an attitude on the phone?

I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... Read more »

Bruce Alexander Minnick answered on May 31, 2019

As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... Read more »

1 Answer | Asked in Civil Litigation for New York on

Q: Can I get judgement in NYC Civil Court thrown out based on what I think is unprofessional and biased behavior by judge?

During my civil court trial in Manhattan on 5/17/19, the judge was yawning the entire time of the trial. We were also never sworn in before. When I was giving my testimony, she repeatedly cut me off and was abrasive and dismissive. At one point, the judge replied: what's to say you don't have... Read more »

Michael David Siegel answered on May 30, 2019

So this is one of those times you should have had a lawyer instead of doing it yourself. You can appeal, but factual determinations are only overturned on an abuse of discretion, which is very hard to show. Also, to appeal, you would need to order the full transcript, which will be several... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Civil Litigation for New York on

Q: Stranger has her name on the deed illegally after judgement

Erected a fence recently barring me from entering my own family property

Michael David Siegel answered on May 11, 2019

If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.

1 Answer | Asked in Civil Litigation for New York on

Q: What to do with Court order with multiple clerical error and parties not being named in distribution amounts?

Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each, the Order... Read more »

Michael David Siegel answered on May 4, 2019

File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.

1 Answer | Asked in Civil Litigation for New York on

Q: Can I add interest to my uncollected civil money judgment?

Michael David Siegel answered on Apr 23, 2019

The court does it automatically.

1 Answer | Asked in Contracts, Traffic Tickets and Civil Litigation for New York on

Q: Taxi medallion broker refuses to cancel insurance on my car and I can't add insurance onto my car from second broker.

I was leasing a yellow taxi medallion from a broker. The car title is under my name and financed by Toyota. The insurance is under the name of the medallion owner. The medallion got repossessed by the bank. My car has been sitting for over 3 weeks and the broker has not put the medallion back on... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or... Read more »

1 Answer | Asked in Civil Litigation and Contracts for New York on

Q: If a corporation, for 4 years is inactiveDon't pay his dues to DOS. Is he still Incorporated

Michael David Siegel answered on Mar 30, 2019

It cannot do business unless it is re-activated, which requires filing the unpaid fees and a penalty.

1 Answer | Asked in Civil Litigation for New York on

Q: I’m being threatened to be garnished from a Company fora credit card that was fraudulent and happen when I was 1

Im also being told I cannot fight this.

Michael David Siegel answered on Mar 28, 2019

It depends where the judgment was entered, how long ago, and when you first found out about it.

1 Answer | Asked in Contracts, Business Law and Civil Litigation for New York on

Q: Piercing the Corporate Veil. Once the limited liability is lost in one instance, is it lost forever?

Will subsequent actions seeking to collect judgements against the debtor automatically assume the liability rests with the shareholder and not the alter ego? Or will plaintiffs have to make motions again, but use previous judgements as precedent?

Michael David Siegel answered on Mar 7, 2019

The latter. New motions by each plaintiff.

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