New York Civil Litigation Questions & Answers
Q: In NY, if a client is leaving one attorney for another attorney, is the client entitled to their case file?
Michael David Siegel's answer
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
Q: regarding false arrest
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: If an individual travereses on frozen water, do they do so at their own risk?
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Insurance Defense and Municipal Law
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?
2 Answers
| Asked
in
Employment Law, Appeals / Appellate Law and Civil Litigation
for
New York
on
Answered on Jan 12, 2019
Answered on Jan 12, 2019
Q: As Pro Se Defendant what right do I have to speak to title company on buyer's side to inform of property info?
Michael David Siegel's answer
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.
Q: I have a civil judgement on me and I have no income. If I file taxes with my wife filing jointly can it be taken?
Michael David Siegel's answer
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.
Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service
3 Answers
| Asked
in
Contracts, Civil Litigation and Small Claims
for
New York
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
Barry Eran Janay's answer
Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.
Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.
Q: Statue of Limitations for Article 78
Barry Eran Janay's answer
While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. / agency you need to show that they had no basis under the law for what they did (among other reasons). That being the case it depends entirely on the basis for the denial as to whether you should start an...
While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. / agency you need to show that they had no basis under the law for what they did (among other reasons). That being the case it depends entirely on the basis for the denial as to whether you should start an...
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?
2 Answers
| Asked
in
Civil Litigation, Health Care Law and Sexual Harassment
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Q: Is there a standard to how long an answer to a complaint should be?
Timur Akpinar's answer
It can depend on the complexity of the case. Sometimes it is a simple matter of responding with the who, what, when, where, etc. If the matter is a complex or highly contentious one, an answer (and subsequent pleadings) can reflect that in their complexity. An experienced attorney who regularly prepares answers and other pleadings in the course of litigation would be in a good position to advise as to what an answer should include (and what it should leave out) if you are dealing with an actual...
It can depend on the complexity of the case. Sometimes it is a simple matter of responding with the who, what, when, where, etc. If the matter is a complex or highly contentious one, an answer (and subsequent pleadings) can reflect that in their complexity. An experienced attorney who regularly prepares answers and other pleadings in the course of litigation would be in a good position to advise as to what an answer should include (and what it should leave out) if you are dealing with an actual...
Q: After a jury verdict awarding a sum of money, 2 years after a motion granted liability, how do I collect from deft?
Michael David Siegel's answer
Your lawyer should have the money. You do not sign anything. If there was insurance, it would have been paid already. Something is not right here.
Your lawyer should have the money. You do not sign anything. If there was insurance, it would have been paid already. Something is not right here.
Q: How do I answer an Order to Show Cause why my attorney should NOT be allowed to withdraw as my counsel? Is there a form?
Michael David Siegel's answer
The OSC will likely be granted. Under the CPLR, you have 30 days to get new counsel. The case will be stayed for that time.
The OSC will likely be granted. Under the CPLR, you have 30 days to get new counsel. The case will be stayed for that time.
Q: Motion or other process to request judge to review case after long wait
Michael David Siegel's answer
Write the Chief Administrative judge for the court you are in. From your post it is unclear.
Write the Chief Administrative judge for the court you are in. From your post it is unclear.
Q: Re: Cases decided NY Supreme Appellate Division, Second Dept (2013) Can all the pleadings and motions be seen?
1 Answer
| Asked
in
Appeals / Appellate Law and Civil Litigation
for
New York
on
Answered on Nov 9, 2018
Answered on Nov 9, 2018
Michael David Siegel's answer
They can be seen if you order the file at the court. It is not online.
They can be seen if you order the file at the court. It is not online.
Q: Can I sue someone for not paying me even if there was no written contract in place?
Michael David Siegel's answer
You are out of luck because you accepted $600 for the time you worked and did not work after that time. Oral contracts are enforceable, and texts can substantiate a contract, but from what you posted you retained no interest in your Code. There is nothing in your post that substantiates that you have any claim left. Your post in contrast substantiates a settlement of $600.
You are out of luck because you accepted $600 for the time you worked and did not work after that time. Oral contracts are enforceable, and texts can substantiate a contract, but from what you posted you retained no interest in your Code. There is nothing in your post that substantiates that you have any claim left. Your post in contrast substantiates a settlement of $600.
Q: Is NYC violating Education Law 3020 when they charge teachers without bringing charges to an Executive vote ?
V. Jonas Urba's answer
Seek a NYC education lawyer possibly from NELA NY's list of attorneys or the New York City Bar Association lawyer referral service. You want an attorney who is close to an expert on New York City Education Law which is highly technical. Good luck.
Seek a NYC education lawyer possibly from NELA NY's list of attorneys or the New York City Bar Association lawyer referral service. You want an attorney who is close to an expert on New York City Education Law which is highly technical. Good luck.
Q: How do I make a Bronx County judgement good in NJ to sue a Bergen county resident?How do I do this.
Michael David Siegel's answer
You take a certified copy of the New York judgment to the Clerk in Trenton. New Jersey judgments are docketed on a statewide docket, not county by county. There is a small fee on both sides.
You take a certified copy of the New York judgment to the Clerk in Trenton. New Jersey judgments are docketed on a statewide docket, not county by county. There is a small fee on both sides.
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