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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New York on
Q: is g and p Malik llc still registered in the state of Delaware?

one non voting limited member of LLC has declared in court ,that LLC is dissolved and he has transferred the account under his name.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 24, 2022

We need more information to answer your questions. Was there a shareholder meeting on which dissolution was voted on? Is there a certificate of dissolution on file? Have all taxes and fees been paid? Was proper notice and an agenda provided to the shareholders in advance of the meeting in... Read more »

2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
Read more »

1 Answer | Asked in Civil Litigation, Energy, Oil and Gas and Environmental for New York on
Q: how to get would settlement copies of documents from bp oil spill payout to specific claimant?
David H. Relkin
David H. Relkin
answered on Oct 4, 2022

If you are asking about the Deepwater Horizon, please let me know and I can answer the question.

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... Read more »

2 Answers | Asked in Civil Litigation and Contracts for New York on
Q: I didn't owe that person money, but I wrote a contract that I would repay him. if I break the contract, will I be sued?

A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?

Denis Kitchen
Denis Kitchen
answered on Sep 22, 2022

This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »

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Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Civil Litigation for New York on
Q: If i take a personal loan out for a friend who promises to pay me back. If this person doesn’t pay me back am I screwed?

Just text messages? Emails I gave it to them in cash the money was deposited into my account I withdrew cash and gave it to them

Michael David Siegel
Michael David Siegel
answered on Aug 24, 2022

Sure. But what proof do you have that you loaned the money you borrowed to them?

1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for New York on
Q: Could cryptocurrency sent to an insolvent company be recoverable under 546(c) of the bankruptcy code?

I sent cryptocurrency to Celsius within the prior 45 days before they filed bankruptcy. Could I possibly have reclamation rights under 546(c) of the bankruptcy code?

Uncertainties: is the cryptocurrency considered a good covered by this? Cryptocurrency sent to Celsius is essentially lent to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 27, 2022

This would be a low priority claim and without significantly more information, there is no way to know. You need to retain an experienced bankruptcy attorney and provide a great deal of information. Good luck.

1 Answer | Asked in Civil Litigation for New York on
Q: Can a second new york note of issue be filed after a case is orally dismissed at an inquest on damages - but the case is

still pending because no judgment was entered?

Michael David Siegel
Michael David Siegel
answered on Jul 7, 2022

No. There is no oral dismissal. The judge has to enter something on the record. Order the record from the proceeding and ask the judge to "so order" his transcript. Or, call the judge's clerk and ask them to enter a dismissal.

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for New York on
Q: Is it illegal for someone to use their job to find out your personal and sensitive information about an individual ?

This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... Read more »

Racquel A. Cousins
Racquel A. Cousins
answered on May 19, 2022

Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Was sold counter. goods through google pay, disputed it, and was told no case or invest. would be opened. no help given

I was sold counterfeit goods through Google Pay LLC. Do i have the legal right to a refund if I've bought something that's fake or counterfeit? Should I also report this to Trading Standards and the Pokémon Company International, Inc. for fraud. I was sold fake Pokemon Cards through... Read more »

Michael David Siegel
Michael David Siegel
answered on May 19, 2022

File a criminal complaint, but do not count on anything. You are not likely to find the fraudsters, who are long gone with your money. Google Pay is not liable. It just processes payments. It does not vouch for the users.

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Civil Litigation for New York on
Q: We are owed $7500 on a $10,000 deposit given to a business in Friendship, NY, in March 2021. Need a litigator.

An attorney in Elmira, NY, was able to obtain only $2500 and has advised us to retain a litigator in the county of the business owner.

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

If you need a litigator, there are a number of options that could supplement your own online searches. Although this site does not function as an attorney referral service, it has the feature above, "Find-a-Lawyer." Additionally, the NYS Bar Association has a lawyer referral service. Good luck

1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I’m doing a mock trial in my class and i’m going to be the judge and i’m confused what the basic questions should be 1/2

asked for the preliminary questions

Tim Akpinar
Tim Akpinar
answered on May 12, 2022

Try to learn what the protocols and procedures for your trial will be. Familiarize yourself with the case material and the rules. Mock trials can differ in depth according to the academic level. Based on the level of your mock trial, you may need to make rulings on certain things. Is evidence... Read more »

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

1 Answer | Asked in Civil Litigation for New York on
Q: I may need an attorney for a civil law suit concerning online sales business. I live in NY state and need to sue someone

the person i have to sue lives in valparaiso and i need help. it may be under the 10K small claims limit or more. Thank you

Tim Akpinar
Tim Akpinar
answered on May 3, 2022

You could search for attorneys independently on your own, you could use the Find-a-Lawyer feature (the tab above to the left), and you could also check with the New York State Bar Association, among other resources out there. See the section on their website called "For the Public." Good luck

1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: i signed a contract for purchase of a dog but the vaccines included in the contract the dog never received nor paperwork

So now i must pay as well as find paperwork for the dog and his vaccines that were never given but stated in the contact what should i do

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

You can bring a small claims suit for your costs.

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