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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Legal Malpractice and Probate for New York on
Q: I’m looking to have a revival or waiver of a statue of limitation and I have some questions. Hope you can help.
Roy Warner
Roy Warner answered on Oct 27, 2021

There is no question to answer.

Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.

The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the...
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1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: SELLER and Buyer sign Purchase Agreement for sale of real Estate. Seller dies prior to executing Deed.

Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

Yes it is. But, it depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Can you sue someone who broke a contract on a private sale of a house.

They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 14, 2021

If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: Court of Claims NY, can Claimant not testify in own case to avoid cross-examination?

I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 6, 2021

I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... 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.

2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... Read more »

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Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

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 Civil Litigation, Intellectual Property and Small Claims for New York on
Q: I’m NYS, and I was gifted a car, given signed title, and letter

Now they want the car back how can I transfer the title

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Aug 3, 2021

You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.

1 Answer | Asked in Civil Litigation for New York on
Q: Hello. Almost 10 years ago I handed my co-op manager a check for $350 in order to add wife’s name to proprietary lease

He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 9, 2021

The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
Elaine Shay answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »

Michael David Siegel
Michael David Siegel answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for New York on
Q: What type of lawyer to file suit against company found guilty by NYS Dept. of Labor?

My complaint against billion+dollar US/Canadian company was investigated by NYS Dept.Labor:company admitted 'guilt' & Dept. determined 'guilty', fined & penalized. NYS Dept. lead investigator informed me that because company already admitted guilt (IE: violated NYS Mold... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on May 14, 2021

Hi. That is a very interesting fact pattern. You definitely want to consult with an attorney prior to settling a potential action. We are happy to provide you with a free consultation, as I’m sure many others are as well.

All the best. Stay safe, have a great weekend.

Jon

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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.

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for New York on
Q: Hi I need help with getting the subpoena for a non party to testify in a virtual deposition? Form name/ number?

New York Southern District Supreme Court in a medical malpractice case, civil action

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 3, 2021

Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.

1 Answer | Asked in Civil Litigation for New York on
Q: A friend bought me a gift and now they won’t give me the gift can I take them to small claims for it?

The gifts was sneakers and jewelry

Tim Akpinar
Tim Akpinar answered on Apr 26, 2021

In most cases, it would be difficult to sue over expectations related to gifts. In general, gifts don't give rise to the same rights and duties as formal contracts do (offer, acceptance, consideration, etc.). Good luck

Tim Akpinar

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