Get free answers to your Civil Litigation legal questions from lawyers in your area.
I'm seeking advice on obtaining compensation for medical bills after an individual fell on my foot and broke it in three places. The incident happened in a school, and there is potential footage available. It was entirely his fault, and witnesses were present. I have medical bills that need to... View More 
answered on Mar 5, 2025
Sorry to hear what happened to you. That someone fell on your foot does not necessarily mean that they are responsible for your injury and resulting medical bills. Instead, you need to demonstrate that someone owed you a duty of care and that their breach of that duty, i.e. negligence, caused the... View More
My father died by suicide a year ago, and the trust managing his home sold it, intending to divide the proceeds equally between me and my two siblings. Initially, I was told that my father left a note indicating his wish for me to have his truck—the place of his passing—and divide personal... View More
answered on Mar 3, 2025
I’m very sorry for your loss. It’s understandable that you want to ensure your father’s wishes are honored, and it sounds like there are serious issues with how your siblings are handling the trust and estate distribution. Since you already signed off on them being co-administrators, you... View More
My wife and I moved out of an apartment in New York City, breaking our lease 2 months early. According to Section 227-E of the NY Real Property Law, the landlord should make a good faith effort to re-rent the apartment at fair market value or the agreed-upon rate. Despite this, our landlord listed... View More
answered on Mar 3, 2025
Dear Herkimer Tenant:
You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.
However, all New York State laws truly depend on... View More
I've been living in a NYCHA apartment in New York for the past five years, subleased to me by a friend. We've accumulated unpaid rent, leading to the threat of eviction. Despite my friend's awareness and financial means, she is unwilling to pay. I have proof of payments made to her... View More
answered on Mar 2, 2025
Dear NYCHA Resident:
Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to... View More
I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has... View More
answered on Mar 2, 2025
Dear Brooklyn Tenant
You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More
I was living in a family house without a lease, and my niece sent me texts in June 2023 and August 2023, giving me a 60-day notice to move out and stating that any property left would be considered abandoned. I replied in August, requesting more time, but due to three operations and subsequent... View More
answered on Feb 28, 2025
From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.
What stood in your way suing for monetary damages due to the unlawful eviction?
It's up to the defendant to use the expiration of a statute of... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I concluded that he had been seeing her while we were dating and feared potential STD exposure from him. After visiting him in March 2024 to collect a debt and address my concerns, I asked for and... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I surmised he had been seeing her while we were dating and feared potential STD exposure. After visiting him in March 2024 to collect a debt and address my concerns, I briefly used and accidentally... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More
I'm dealing with an eviction situation involving my tenant, a hoarder who has refused to move after I served a 90-day notice that expired on January 31, 2025, following New York's legal procedures. I intended to sell the property in January 2024, but couldn't due to this issue. The... View More
answered on Feb 14, 2025
Dear Buffalo Property Owner
You are missing the key component of the eviction event and that is you did not bring the tenancy terminated holdover tenant to court. A properly served written 90 day notice is known as a preliminary or predicate notice. To turn it into an eviction proceeding... View More
answered on Feb 12, 2025
It depends on the type of subpoena. If a subpoena duces tecum states a date and time for you to appear at the attorney's office, the answer is yes, you are required to appear with any documents requested. (I assume this subpoena was issued in proceedings after a judgment was entered against... View More
answered on Feb 17, 2025
As my colleagues correctly advised, it depends. Call up the lawyer who issued the subpoena and ask him or her whether a personal appearance is required. It's possible that you might be able to provide the requested documents and avoid an appearance altogether. Or you might have to appear and... View More
Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More
answered on Jan 23, 2025
Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More
Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More
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answered on Feb 3, 2025
I'm sorry to hear about the concerns regarding liability for your upcoming reunion. When organizing an event where alcohol is served, liability is an important factor to consider, and ensuring that all parties are adequately protected can help prevent potential legal and financial risks.... View More
I am currently in litigation. The judge ordered leave to refile the motion to amend, denied the motion for summary judgment, and ordered that I accept the defendant's late answer. I filed a lawsuit in the Supreme Court against my now ex-landlord; they were not when I filed. Some points... View More
answered on Jan 8, 2025
No. New York State (Department of State) is not a proper party. All New York domestic corporations and LLCs are registered with DOS. Amending a summons is far more complex than amending a complaint--although recent changes in the CPLR make amendments to complaints more difficult than before.
I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More
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answered on Nov 30, 2024
I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.
In New York State, it is generally legal to record a conversation as long as one party consents to... View More
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 5, 2024
I'm sorry that your kindness toward animals has resulted in an ordeal for you. I don't know how the grandfather clause you mention would work, but what you describe seems to be statutes on different levels. So it might not be unusual for local statutes to be stricter that higher-tier... View More
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 4, 2024
Dear Jamestown Home Owner:
It is not you alone. Many jurisdictions place restrictions on wildlife feeding.
https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=... View More
Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk
answered on Sep 30, 2024
I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More
Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More
answered on Sep 18, 2024
A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More
My daughter and 3 of her friends split a storage unit during the summer between their Junior and Senior year. Another friend of theirs, Clara, who also has a storage unit in the same place, dropped off a box with her things, and asked one of the girls (not my daughter) to bring it to the 4 girls... View More
answered on Sep 3, 2024
The fifth girl is unlikely to prevail on a claim for damages. She chose to "bail" her box to the 4th girl. This means to temporarily put it into her possession. However, the 4th girl wasn't compensated for the bailment nor is she a professional in the practice, such as a car mechanic... View More
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