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New York Civil Litigation Questions & Answers
2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Received eviction notice for old unpaid rent despite new leases and consistent payments in NY.

I received an eviction notice three days ago for unpaid rent from over two years ago, even though I've signed one, if not two, new leases since then and have been consistently paying rent. I have to respond to a court summons in 10 days. Last year, when the management first reached out to me... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Dear Manhattan Tenant

You mean that you were served with a Petition for nonpayment of rent in New York City Housing Court and the Notice of Petition told you have ten days to Answer the Petition or risk a default judgment against you and eviction?

You need to do so. You state your...
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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for New York on
Q: How can I claim compensation after a conviction reversal on appeal?

I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More

Charles Holster
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answered on Apr 14, 2025

A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More

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3 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for New York on
Q: Can I sue my school for pneumonia potentially contracted from campus food with cited health violations?

I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2025

I'm sorry about your illness. Without diminishing the suffering you experienced, I don't believe it would be a case that most law firms would seriously consider. The problem is that pneumonia could have come from any number of sources, especially on a crowded college campus. Another issue... View More

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3 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for New York on
Q: Can I sue my school for pneumonia potentially contracted from campus food with cited health violations?

I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 14, 2025

Sorry to hear what happened to you. Putting aside the question of whether you could causally connect your illness with the school's food (pneumonia is a lung infection that is generally spread through the air), absent a permanent injury, the time and expense of a lawsuit would arguably not be... View More

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3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Child visitation order violation and child's well-being concerns in New York.

I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More

Michael J Stachowski
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answered on Apr 11, 2025

You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More

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3 Answers | Asked in Civil Litigation, Wrongful Death, Products Liability and Personal Injury for New York on
Q: Can we join a hidden lawsuit by sibling over mother's talc-related cancer?

I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 10, 2025

So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More

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3 Answers | Asked in Civil Litigation, Wrongful Death, Products Liability and Personal Injury for New York on
Q: Can we join a hidden lawsuit by sibling over mother's talc-related cancer?

I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2025

I'm very sorry for the loss of your mother. The lawsuit wasn't really "secret" - it seems it might have been done without letting you know. Lawsuits are often part of public records, unless a court has ordered non-publication, or they're sealed. Otherwise, they can usually... View More

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3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: Respondent missed deadline for amended complaint response; next steps for default judgment?

I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More

David H. Relkin
David H. Relkin
answered on Mar 27, 2025

You need to first check the Judge's Rules. Then, if there is nothing governing this issue, submit a simple motion to enter a judgment upon default, stating the facts you recite in your question, and submit a proposed default Order and Judgment.

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3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: Respondent missed deadline for amended complaint response; next steps for default judgment?

I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More

Vince F. Sykes
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answered on Mar 27, 2025

Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More

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3 Answers | Asked in Family Law and Civil Litigation for New York on
Q: Can a judge decide a civil family court case without providing requested lawyer?

I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More

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3 Answers | Asked in Family Law and Civil Litigation for New York on
Q: Can a judge decide a civil family court case without providing requested lawyer?

I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

This question proves a confusion of issues which require resolution with an attorney after a review of the case file. Otherwise, a response to this question is merely conjecture.

First and foremost is a thumbs-up to all the attorneys who appear on an appellate division listing of lawyers...
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4 Answers | Asked in Civil Litigation, Probate and Real Estate Law for New York on
Q: Who can I report an illegal property sale to, and can it be reported as stolen if family members without legal interest sold it?

My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More

Stephen Bilkis
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answered on Mar 25, 2025

I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More

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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 21, 2025

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2025

I'm sorry about your tragic accident. Try to find information about the file for your award as an infant. In New York, awards for infants involve hearings before judges and infant compromise orders - if you could track down that paperwork, it should be helpful to the bank in ascertaining your... View More

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2 Answers | Asked in Probate and Civil Litigation for New York on
Q: Can an executor try a case Pro Se in Federal Court with beneficiaries' consent?

In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?

Stephen Bilkis
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answered on Mar 20, 2025

I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Real Estate Law for New York on
Q: Divorce dispute: refinancing home and retaining ownership

I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More

Stephen Bilkis
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answered on Mar 16, 2025

I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.

Your divorce agreement...
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3 Answers | Asked in Child Custody, Child Support, Criminal Law and Civil Litigation for New York on
Q: Can criminal charges arise from receiving child support after losing custody in NY?

In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 16, 2025

A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.

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2 Answers | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Timeline for response to amended complaint after serving additional defendants from the same entity.

I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 13, 2025

Under CPLR § 3012(a), service of an answer is to be made within twenty (20) days of service of the pleading to which it responds, in your case the Amended Complaint. https://law.justia.com/codes/new-york/cvp/article-30/3012/

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2 Answers | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Timeline for response to amended complaint after serving additional defendants from the same entity.

I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 13, 2025

I should add that if the new defendants are not personally served with the Amended Complaint, they will have thirty (30) days in which to file an Answer. Would depend on whether counsel for the existing defendants is willing to accept service on behalf of the new defendants.

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1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: How to represent myself in an assault case with no witnesses?

I am representing myself in an assault case involving multiple people, where I was attacked after coming out of a party. I have identified one person who I am taking to court, but I don't have any witnesses. What strategies might work in my favor, and what should I avoid during the trial?

Stephen Bilkis
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answered on Mar 12, 2025

I understand how challenging it can be to represent yourself in a legal case, especially when it involves an assault and no witnesses to support your side. While it's always advisable to have legal representation, there are steps you can take to increase your chances of presenting a strong... View More

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