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New York Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

Stephen Bilkis
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answered on Nov 30, 2024

I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to...
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Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2024

I'm sorry that your kindness toward animals has resulted in an ordeal for you. I don't know how the grandfather clause you mention would work, but what you describe seems to be statutes on different levels. So it might not be unusual for local statutes to be stricter that higher-tier... View More

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Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 4, 2024

Dear Jamestown Home Owner:

It is not you alone. Many jurisdictions place restrictions on wildlife feeding.

https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=...
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2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York on
Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 18, 2024

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: Stored friend's box of things in storage unit free as a favor, but now lost, never told what is inside. What is she owed

My daughter and 3 of her friends split a storage unit during the summer between their Junior and Senior year. Another friend of theirs, Clara, who also has a storage unit in the same place, dropped off a box with her things, and asked one of the girls (not my daughter) to bring it to the 4 girls... View More

Neil P. Flynn
Neil P. Flynn
answered on Sep 3, 2024

The fifth girl is unlikely to prevail on a claim for damages. She chose to "bail" her box to the 4th girl. This means to temporarily put it into her possession. However, the 4th girl wasn't compensated for the bailment nor is she a professional in the practice, such as a car mechanic... View More

1 Answer | Asked in Civil Litigation and Employment Law for New York on
Q: I was recently put on a very questionable performance improvement plan. Is this confidential? Manger showed my team.

He showed spreadsheets during online meetings to my entire team twice that showed I was on a Performance Improvement Plan and now people in other areas of the company several states away whom I have never even met are aware of this and it has gotten back to me. Do I have a case or any recourse?

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

I'm sorry this happened to you. Most sensible people would find this humiliating and demoralizing, notwithstanding what the law or your team situation legitimizes in terms of sharing such information. Speak with employment attorneys - they are knowledgeable in this area. Your question was... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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1 Answer | Asked in Civil Litigation for New York on
Q: When can I sell my old roommate's items after they moved out?

My ex fiancé moved out when I was at work and moved across the country. I texted him to come get his stuff and the ring but no answer. Then he blocked me. It has been a month. He also stopped paying rent and removed himself from the lease. How long until I can sell the remaining items he left... View More

James L. Arrasmith
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answered on Jun 13, 2024

First, check your state’s laws on abandoned property to determine how long you need to hold onto his items before you can legally sell them. Generally, you might need to give written notice and a reasonable period, like 30-60 days, for him to reclaim his belongings. Document your attempts to... View More

2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

James L. Arrasmith
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answered on Jun 5, 2024

In general, Social Security Disability Insurance (SSDI) benefits, including lump sum back payments, are protected from creditors during bankruptcy proceedings. This protection is provided under federal law, specifically the Social Security Act, which exempts these benefits from bankruptcy estates... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jun 5, 2024

Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More

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1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: I would like an Esq. to let me know if my case has merit.

As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k

Maurice C

Brian Greben
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Brian Greben
answered on May 28, 2024

Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: My Apartment is refusing to sign my lease or accept rent. Now they are suing me in civil court for all the fees and rent

How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Dear Manhattan Tenant:

I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a...
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2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

Tim Akpinar
Tim Akpinar
answered on May 11, 2024

There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More

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2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

James L. Arrasmith
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answered on May 1, 2024

In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Will my roommate (leaseholder) get arrested if she puts my things in storage and change the locks? I’m not on lease

My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 29, 2024

Dear Brooklyn Roommate

What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?

Of course you don't have to move even if you are not paying rent. Your lawyer could convince...
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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an...
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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck

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