Lawyers, Answer Questions  & Get Points Log In

New York Civil Litigation Questions & Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on

Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?

Tyler Fredrickson answered on Aug 7, 2019

Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending the... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on

Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?

Charles Joseph answered on Jul 24, 2019

Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »

2 Answers | Asked in Civil Litigation for New York on

Q: My mother died in interfaith hospital in 2006 and there was a lawsuit pending. How can I locate the information

While she was being treated for cancer the ceiling collapsed on her.

Michael David Siegel answered on Jul 6, 2019

It should be searchable online, but you can go to the court and speak to the clerk.

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for New York on

Q: Help filing suit for breech of contract.

I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Business Law and Civil Litigation for New York on

Q: I need to depose witness that lives out of state. I want the depo governed by NY CPLR rules. any caselaw on this?

Michael David Siegel answered on Jun 6, 2019

Even better, there is a statute. You need to get something called a commission, which is a special proceeding in the state where the witness lives, based on an order from the NY court.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for New York on

Q: Can a non profit mortgage co receiving federal grants rescind qualification because you have an attitude on the phone?

I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... Read more »

Bruce Alexander Minnick answered on May 31, 2019

As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... Read more »

1 Answer | Asked in Civil Litigation for New York on

Q: Can I get judgement in NYC Civil Court thrown out based on what I think is unprofessional and biased behavior by judge?

During my civil court trial in Manhattan on 5/17/19, the judge was yawning the entire time of the trial. We were also never sworn in before. When I was giving my testimony, she repeatedly cut me off and was abrasive and dismissive. At one point, the judge replied: what's to say you don't have... Read more »

Michael David Siegel answered on May 30, 2019

So this is one of those times you should have had a lawyer instead of doing it yourself. You can appeal, but factual determinations are only overturned on an abuse of discretion, which is very hard to show. Also, to appeal, you would need to order the full transcript, which will be several... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Civil Litigation for New York on

Q: Stranger has her name on the deed illegally after judgement

Erected a fence recently barring me from entering my own family property

Michael David Siegel answered on May 11, 2019

If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.

1 Answer | Asked in Civil Litigation for New York on

Q: What to do with Court order with multiple clerical error and parties not being named in distribution amounts?

Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each, the Order... Read more »

Michael David Siegel answered on May 4, 2019

File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.

1 Answer | Asked in Civil Litigation for New York on

Q: Can I add interest to my uncollected civil money judgment?

Michael David Siegel answered on Apr 23, 2019

The court does it automatically.

1 Answer | Asked in Contracts, Traffic Tickets and Civil Litigation for New York on

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

I was leasing a yellow taxi medallion from a broker. The car title is under my name and financed by Toyota. The insurance is under the name of the medallion owner. The medallion got repossessed by the bank. My car has been sitting for over 3 weeks and the broker has not put the medallion back on... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

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... Read more »

1 Answer | Asked in Civil Litigation and Contracts for New York on

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

Michael David Siegel answered on Mar 30, 2019

It cannot do business unless it is re-activated, which requires filing the unpaid fees and a penalty.

1 Answer | Asked in Civil Litigation for New York on

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

Im also being told I cannot fight this.

Michael David Siegel answered on Mar 28, 2019

It depends where the judgment was entered, how long ago, and when you first found out about it.

1 Answer | Asked in Contracts, Business Law and Civil Litigation for New York on

Q: Piercing the Corporate Veil. Once the limited liability is lost in one instance, is it lost forever?

Will subsequent actions seeking to collect judgements against the debtor automatically assume the liability rests with the shareholder and not the alter ego? Or will plaintiffs have to make motions again, but use previous judgements as precedent?

Michael David Siegel answered on Mar 7, 2019

The latter. New motions by each plaintiff.

1 Answer | Asked in Civil Litigation and Contracts for New York on

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

since July 2018 he was paid according to contract $14,500.00 he took the money and disappeared did not do any work only demolished the bathroom and fled he was not answering any calls or emails. The designer took the wall unit with had a locked drawer in it my CC/Check book i /pocket book idrawer... Read more »

Michael David Siegel answered on Mar 1, 2019

You can sue both, and see what settlement or judgment you can get.

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on

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

Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a satisfaction... Read more »

Elaine Shay answered on Feb 28, 2019

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.

View More Answers

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for New York on

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

The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... Read more »

Elaine Shay answered on Feb 25, 2019

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... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for New York on

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

Property partition, Supreme Court Civil. Court appointed transactional attorney at hourly rate for conducting private sale of property (not foreclosed/not auctioned). Is the process by which such attorney submits his fee application done by Notice of Motion and Affirmation of Application submitted... Read more »

Elaine Shay answered on Feb 23, 2019

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.

1 Answer | Asked in Consumer Law and Civil Litigation for New York on

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

I bought the judgment and an assignment was filed but the captain was not amended, now the defendant tries to vacate the judgment, I tried to remove the attorney on record who filed the case, but I can not find him.

Michael David Siegel answered on Feb 20, 2019

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.

2 Answers | Asked in Civil Litigation for New York on

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

Is the client entitled to notes, internal memos, documents and other background materials that was prepared or used in providing advice to the client?

Michael David Siegel answered on Feb 15, 2019

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.