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New York Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: Can I get in trouble for trespassing on someone's land in New York but not doing anything wrong, just walking?
Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

The fact of "trespassing" will likely constitute "wrongdoing". Unless you meet the statutory conditions of "criminal" tresspassing, it's just a violation in NYS (you can get a ticket for a small fine).

1 Answer | Asked in Criminal Law, Civil Litigation, Securities Law and Stockbroker Fraud for New York on
Q: Do I have civil or criminal liability if I unknowingly referred someone to an investment that turned out to be a scam?

The person I referred lost money. I did not receive any money from the person I referred or the investor.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2021

There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or... Read more »

2 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: hello! If there is a judgment who decides how to calculate the interest and what the amount is?

We have a judgment against us from an “old friend” who sued us and the case went all the way to trial in October of 2017. The judgment wasn’t filed until may 2019 and was never served upon us. Then the person said she wasn’t going to try to get the money anymore. We wanted to refinance and... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 26, 2021

Hi, Liz. The interest rate may be specified in the judgment. If not, most states have statutes that specify rates for pre-judgment and post-judgement interest. If this is a New York state court judgment, that rate is generally 9% simple interest. As always, there could be additional facts that... Read more »

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1 Answer | Asked in Civil Litigation for New York on
Q: Looking for statue of limitation law in the state of Illinois for hazing in boarding high school
Tim Akpinar
Tim Akpinar answered on Mar 16, 2021

That's something an Illinois attorney would be likelier to know. You could repost under Illinois. The question would have better chances of being picked up there. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

1 Answer | Asked in Family Law and Civil Litigation for New York on
Q: How does someone born in Puerto Rico but now lives in the states, correct a name change on their birth certificate?

My father was unofficially adopted by my grandparents in Puerto Rico in the 1950s, and when he was born they did not change his original last name to what should of been my adoptive grandfathers last name.

For all the time he has been in the United States (specifically NY for over 40... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 26, 2021

Based upon what you have said, to begin with the case would have to be done in PR as that is where he was born, however, since the "adoption" was unofficial it is unlikely that it can be done. What is probably a better option, is to bring an action for a name change back to the time he... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Lemon Law for New York on
Q: What can we do about a baby hedgehog purchased from a dealer in CT, which died five days later? Necropsy showed abnormal

Necropsy done by the veterinarian showed abnormal kidneys. Breeder refused to refund $$ and to provide a replacement hedgehog. Implied Duty of Warrantability?

Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 1, 2021

You would need to check on the existence of any Pet Lemon Law in CT. I would recommend checking with the CT Attorney General's Office. NY Lemon Law does not apply to out of state sales.

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: My civil suit said cc adjourned last month and again this month, it now says March 31 conference what does this mean

It is also a 2 almost 3 year old case

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 28, 2021

It sounds like your conference was administratively adjourned (postponed) by the Court until March 31st. Substantively it should not affect your case at all. If you are very concerned you can always call the Court and speak with one of the clerks. If applicable, use the extra time to complete... Read more »

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Hi I had been for months trying to get someone to change my birth certificate name, someone was about to but.... P
Michael David Siegel
Michael David Siegel answered on Jan 19, 2021

You do not need a lawyer for this, but it is a hard process.

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Litigation for New York on
Q: me and my grandmother had a big fight and shes practically kicking me out. what are my options In leaving? I'm only 16.

she wont pay for anything I need anymore including famine products hygiene products or clothes or anything I need. I tried moving in my mother but my grandma said that its court ordered that I cant live with her until I'm 18. can a court do that? how can it be possible that I can live with her... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 18, 2021

First you need to speak to your mother and find out what orders if any there are. Once you know what the order says if anything, you can speak to a lawyer to get information on what to do. The alternative, is to go to family court and file a petition for support from your grandmother as she is... Read more »

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2021

Anyone can sue anyone if they pay the fee. Thus, the question is do you have a defense. It depends on what the form says. Assuming it is a true general release form, you should have a complete defense.

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1 Answer | Asked in Civil Litigation for New York on
Q: My mother just passed, she had two bank accounts with 32,000$ each, we have the will and it states that me and my broth

Receive equal shares.how do we have the bank accounts turned over to us

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

I'm very sorry for your loss of your mother. You await a response for three weeks - if you wanted to repost and add Probate and Estate Planning as categories, there could be better chances of your question being picked up. There's no guarantee all posts are answered, but the attorneys... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my kids..kids will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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2 Answers | Asked in Civil Litigation for New York on
Q: Can I sue someone that stole money from me and left me stranded it's been over 4 yrs but the person still acknowledges

The debt they amen to me this summer to talk about it can I still sue since they still acknowledge and promise still to pay me back

Michael David Siegel
Michael David Siegel answered on Nov 13, 2020

Yes. The statute of limitations is six years. But, an oral acknowledgment of the debt does not re-set the statute. Must be written.

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
Howard E. Knispel answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 27, 2020

What does the lease say? Usually, leaks, even in commercial property are the responsibility of the Landlord.

So, your options are probably:

1. Repair and deduct,

2. Sue for breach of contract, or

3. Declare the lease breached and leave.

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1 Answer | Asked in Civil Litigation for New York on
Q: 2016 civil lit case, slipped thru cracks, decision provided in a March 2020. I won. Def. files motion to reargue in Sep

How can they still file a option months later? Can only guess related to Covid?

Judge that trialed case forgot about it. I followed up since 2017 to keep active, finally got decision in March 2020.

Motion filed to reargue by def., to be referred back to orig judge.

Judge... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

Due to the PAUSE orders by Gov. Cuomo, the time to file a motion to reargue was tolled. Thus, based on your post, it appears timely. However, if there is no stay, and you have the right to enter judgment, you can do so.

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