A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More 
answered on Sep 16, 2023
I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More
A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More
answered on Sep 19, 2023
Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More
I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More
answered on Sep 11, 2023
Dear Queens Tenant
Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?
If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.
If that is... View More
My mom died as well in 2017 and she had filed a lawsuit in 2014 and we had to show proof that she was our mother , so if something were to happen that we take over and what ever she would be receiving the money would be split between us . Sadly she passed and it went dormant for years until my... View More
answered on Sep 3, 2023
I'm sorry for your family's loss. It would probably be better for an attorney who practices in the Probate & Estate Planning areas to offer guidance to you. The question is posted under Civil Litigation, and that's probably why it wasn't picked up. The issues you describe... View More
there's a product called "skullgirls" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways.
i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of... View More
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answered on Aug 29, 2023
Calling individuals "creeps" and "predators" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement... View More
I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?
answered on Aug 29, 2023
There is something called "nail and mail" service, which means another copy was supposed to be posted to your door. Thus, the mail will probably mean service was done. You have 35 days to answer, but do not wait until the last second.
I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?
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answered on Aug 29, 2023
In New York, a summons and complaint typically need to be served in person, not by mail. Personal service ensures that the recipient is properly informed about the legal proceedings against them. If you received a summons by mail, it might not fulfill the legal requirement for proper service. In... View More
The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More
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answered on Aug 15, 2023
While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
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answered on Sep 8, 2023
I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More
answered on Aug 3, 2023
If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More
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answered on Aug 6, 2023
Retaining or confiscating the source code could be considered a breach of contract or theft of intellectual property, which may lead to legal consequences. Instead, you should pursue appropriate legal remedies, such as negotiating with the customer, seeking payment through a collections process, or... View More
He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More
answered on Jul 26, 2023
This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More
And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More
answered on Jul 25, 2023
If you do this through a law firm, they will probably charge legal fees for their services. You could look into whether you could handle the matter on your own without paying anyone. The Office of the State Comptroller has contact information - you could call or write to them to ask about basic... View More
And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More
answered on Jul 25, 2023
Addendum - Although the Comptroller's Office could advise you on what steps to take to request your money, they are not likely to have details on the second part of your question (what the goods and services are for). That's something the issuer of the check might have more information on. Good luck
And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More
answered on Jul 25, 2023
The goods and services giving rise to your claim for unclaimed money are arguably irrelevant. Nor will the Office of the New York State Comptroller have such information. If you are entitled to the money, put in a claim for it. Here's something I found online which you might find helpful,... View More
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answered on Jul 28, 2023
Yes, you may have legal grounds to sue if someone is holding your belongings on their property and refusing to return them to you. This situation may involve the legal concept of "conversion" or "wrongful retention of property." I recommend seeking legal advice from an attorney... View More
My mother made my sister POA. My sister made herself a beneficiary of life insurance policies. Is that legal.
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answered on Jul 11, 2023
A Power of Attorney (POA) does not grant the agent (in this case, your sister) the authority to change the beneficiary of a life insurance policy to themselves unless specifically authorized by the principal (your mother) or allowed by applicable laws.
Changing the beneficiary designation... View More
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