New York Civil Litigation Questions & Answers

Q: Taxi medallion broker refuses to cancel insurance on my car and I can't add insurance onto my car from second broker.

1 Answer | Asked in Contracts, Traffic Tickets and Civil Litigation for New York on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.

Q: If a corporation, for 4 years is inactiveDon't pay his dues to DOS. Is he still Incorporated

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Mar 30, 2019
Michael David Siegel's answer
It cannot do business unless it is re-activated, which requires filing the unpaid fees and a penalty.

Q: I’m being threatened to be garnished from a Company fora credit card that was fraudulent and happen when I was 1

1 Answer | Asked in Civil Litigation for New York on
Answered on Mar 28, 2019
Michael David Siegel's answer
It depends where the judgment was entered, how long ago, and when you first found out about it.

Q: Hello We were planning to renovate the apartment in NYC my brother hired a designer who in turn brought in a contractor

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Mar 1, 2019
Michael David Siegel's answer
You can sue both, and see what settlement or judgment you can get.

Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on
Answered on Feb 28, 2019
Elaine Shay's answer
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.

Q: I live in a condo in New York City. Abatement for defective vent that blows foul smells into apartment?

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for New York on
Answered on Feb 25, 2019
Elaine Shay's answer
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully reviewed to determine the options available to you. If your board does not correct the situation, you may ultimately have to seek an Order in Supreme Court seeking to compel fulfillment of the board's...

Q: For an appointed transactional attorney for property sale, how is application of fee submitted to court?

1 Answer | Asked in Civil Litigation and Real Estate Law for New York on
Answered on Feb 23, 2019
Elaine Shay's answer
Generally applications to the Court are made by Motion or Order to Show Cause. If there was a Stipulation of Settlement, it is possible that a different means of resolving disputes was provided for.

Q: How can I remove an attorney on record when can't contact the attorney on record?

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Answered on Feb 20, 2019
Michael David Siegel's answer
You do not have to remove an attorney for post-judgment litigation. An engagement ends with the judgment. However, when you buy a judgment you buy it with any impediments, including that it might be vacated.

Q: In NY, if a client is leaving one attorney for another attorney, is the client entitled to their case file?

2 Answers | Asked in Civil Litigation for New York on
Answered on Feb 15, 2019
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.

Q: regarding false arrest

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
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/...

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
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...

Q: As Pro Se Defendant what right do I have to speak to title company on buyer's side to inform of property info?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 11, 2019
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.

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?

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 10, 2019
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.

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
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.

Q: Statue of Limitations for Article 78

1 Answer | Asked in Civil Litigation for New York on
Answered on Jan 8, 2019
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...

Q: Where can I find settled case law for maintenance responsibility for an easement or deeded right of way in NYS.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for New York on
Answered on Dec 29, 2018
Michael David Siegel's answer
You can sue. Sounds like a small claims case against each owner.

Q: How much money can I sue someone in small claims court?

1 Answer | Asked in Civil Litigation for New York on
Answered on Dec 7, 2018

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