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New York Civil Rights Questions & Answers
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 Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Civil Rights for New York on
Q: Can a health care provider accept insurance based on merit of the patient?

A dentist office accepts my current insurance. But make me pay full price, bills my insurance separately then sends me a check for less than 50% of what I payed when my insurance covers 80% of the total visit. They also only make some people who have the same insurance pay. So if you and I both had... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 11, 2022

It could be difficult to speculate why a dental or medical office would apply different billing protocols. As a convenience to the patient, some offices do not bill patients but instead, have them complete paperwork enabling their billing staff or contractor to bill on patient's behalf. When... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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1 Answer | Asked in Child Support, Civil Rights, Constitutional Law and Public Benefits for New York on
Q: Sorry not an american by birth or anything and I have stayed 15years here in united state have no legal papers
Tim Akpinar
Tim Akpinar answered on Nov 29, 2021

Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Identity Theft for New York on
Q: I got money stolen as well from Coinbase can I join this class action lawsuit?
Derek John Soltis
Derek John Soltis answered on Nov 19, 2021

Hello,

You should talk to an attorney to go over the facts of your case. You need to explain how and who stole your money. Basically, why Coinbase is at fault for your loss?

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: What can I do if my neighbor keeps threatening us by killing or shooting us? He harasses us all the time.

We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 4, 2021

You can call the police and make a complaint.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: My boss hasn’t enforced a provision regarding promotions in over 25 years. They now r. It hurts women. Discrimination?

My school district hasn’t enforced a provision on teacher advancement in terms of salary in over 25 years. A new HR director is making it a point to enforce it, and is denying salary differentials for teachers who have more than a Masters degree coming in. Furthermore HR has decided teachers... Read more »

Derek John Soltis
Derek John Soltis answered on Sep 27, 2021

You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: I live in auburn New York I had a flood in my apt it was sewage do I have a case

I was out of my apt last year for 3 in a half months for this they told us it was fixed and I lost a lot of furniture and clothes I would like them replaced and 2 plus 4 says they are not replacing anything

Elaine Shay
Elaine Shay answered on Sep 3, 2021

Ideally a tenant should maintain renter's insurance to cover damages to his or her personal belongings. In the event a tenant a tenant does not have insurance coverage to cover his or her losses, a landlord may be responsible if the flooding can be proven to be due to the landlord's negligence.

1 Answer | Asked in Civil Rights, Health Care Law and Landlord - Tenant for New York on
Q: I have postural orthostatic tachycardia syndrome which limits my mobility. I contacted my APT which denied a request.

When contacting the APT they claimed that I would have to get a handicap pass and then use those spots which I told them that I did not need a spot within 200ft and just need it in the front lot compared to the back lot which is much further

Tim Akpinar
Tim Akpinar answered on Aug 27, 2021

This is something that only the experienced landlord-tenant attorneys here are qualified to advise on. But your post remains open for three weeks, and you have a medical condition that is creating a hardship for you. You could reach out to the landlord-tenant attorneys here (using the Find-a-Lawyer... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for New York on
Q: Workers compensation.

How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... Read more »

2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Consumer Law and Civil Rights for New York on
Q: How do I file should I file

I used the tea tree one since it came out. I used to get red patchy areas on my head even sores so I used nioxin and it got a little better but too expensive to I went back to it and all of a sudden my hair was coming out in clumps mind you I believe the first time I saw a dermatologist I believe... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 12, 2021

I'm sorry for your ordeal. You could reach out to law firms that handle cases involving injury from dangerous products. You could look under firms that handle product liability and injury cases. Most firms that handle such cases offer free initial consults. See the tab above (Find-a-Lawyer),... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for New York on
Q: I've heard it suggested to quote this law when a business forces mask wearing against my will. Does this apply?

Section 18 code 241

Also stated it's against Nuremberg trials that concluded a medical procedure can not be forced upon me.

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for New York on
Q: How do I petition the court in NYC for a typo error correction on a judgement order?
David Ivan Bliven
David Ivan Bliven answered on May 13, 2021

If it's in a divorce case, then you'd file an order to show cause for an amended judgment. You'd need to submit an affirmation/affidavit stating the reason for the correction. Schedule a consult with a NYC Family Law attorney for a full assessment.

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