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New York Civil Litigation Questions & Answers
1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: Can an appointed trustee destroy the trust property given to him? If given promissory note, is he liable for face value?

A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Civil Litigation for New York on
Q: How long after asking a court for dismissal, do defendants get to present their reasons for dismissal to the judge?

I have brought a civil court case to Supreme Court

i am trying to sue for damages.

The defendants have asked the court for dismissal, how long does the Defense get to present their reasons or evidence for dismissal to the judge?

The reasons for the Motions to dismiss are 1)... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 23, 2019

It is very hard to do a pro se case in Supreme Court, especially a complex commercial case. I am not even sure you commenced the case correctly, but if you did, they can move to dismiss without answering in the time to answer (which is counted differently depending on how service was made), or... Read more »

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Litigation for New York on
Q: Who gets the dog and what are my rights?

A friend and I have been sharing a dog for about 2 1/2 years. She originally got the dog but I mainly takr care of the dog. I watched the dog more, trained, groomed him. She moved quite often and the dog was alone which is how I ended up with the dog so much. I would watch the dog for months at a... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 20, 2019

It sounds like you both potentially can claim ownership. However, based upon what you indicated, you probably have a stronger claim. The two of you can agree who is the true owner through a written agreement. If not, the Courts may have to decide for you if there is a dispute in the future.

2 Answers | Asked in Civil Litigation for New York on
Q: There is a judgement against me, but I was improperly served. How can I get the judgement vacated?
Michael David Siegel
Michael David Siegel answered on Oct 15, 2019

You need to bring an order to show cause and prove improper service and a meritorious defense to the underlying case. How hard this is depends on which court entered the judgment.

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1 Answer | Asked in Civil Litigation for New York on
Q: I live in New York state and I have some people living in my home it is a one-family I want them out do I need 2 evict

I was engaged to be married to a woman that I had living with me her brother and his wife we're losing their apartment and she asked if they could move in temporarily. Temporarily has turned into a year-and-a-half ordeal my relationship with the woman has ended 6 months ago and her brother and his... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 11, 2019

Yes, you must do a legal eviction.

2 Answers | Asked in Civil Litigation, Divorce, Personal Injury and Federal Crimes for New York on
Q: i was married on 4-25-2014 and my wife is and correction officer who had her job or her job had her put me in dummy

book against my will they came into my house on 11/19/2014 pull a gun out on me because i was video taping him asking him what reason did he just enter into my home he states i was call long story short they took me out my home and tried to kill me in a public hospital with hand cuffs on behind my... Read more »

Gary Kollin
Gary Kollin answered on Oct 7, 2019

Firtst, you wrote in a run on sentence so it is not clear what you wrote

I have no idea what a dummy book is

Second, stop making public statements

Third, if you want a lawyer, then call one.

Do not expect lawyers to respond to your public announcement

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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
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
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
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
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
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
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
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
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
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
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
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 »

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