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New York Civil Litigation Questions & Answers
1 Answer | Asked in Contracts and Civil Litigation for New York on
Q: The reason for my failure in using the statute of limitations was that just before the 6 yr period elapsed in NY.

I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.

How do you claim service if there is... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.

1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: This question is directed to Mr. Smollen. I added additional information to my original statements.

This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Mar 25, 2023

You've asked this question in two places--this is a situation where you absolutely need an attorney. No ones position would change much, you have to present the facts of your case in a forum outside of here, retain an attorney of your choice, and handle this issue in Court.

1 Answer | Asked in Civil Litigation for New York on
Q: I got someone's elses court papers via mail. What should I do, I assume that they dont want to miss their date...
Tim Akpinar
Tim Akpinar
answered on Mar 13, 2023

You could contact them (or their attorney, if an attorney is listed) and notify them of the error. You could also let the issuing attorney know so that they could correct their mailing information. Thank you for taking the trouble to help the parties avert a no-show. Good luck

1 Answer | Asked in Civil Litigation for New York on
Q: Are we liable to pay damages involving an ATV wreck that my 16-year old son was a passenger…was on friend’s property

I live in New York State. My sixteen-year

old son was at a friend's house. He was a

passenger in the kid's ATV, and another

friend was driving. The driver swerved to

avoid hitting a deer, and the ATV was

totaled. No one was hurt. The parent is... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2023

I'm sorry about the accident. I'm glad that everyone is okay. Unless there are additional details, passengers are not generally liable. However, it would be helpful to know whether a claim was filed with the carrier, and the outcome of that claim. Good luck

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Looking for a small claims court lawyer in Queens NY

I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 3, 2023

What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: Violation?

Can a bank sue you if you trespass on their property? I accidentally did it first time and nothing happened.

But then I contacted the executives, and applied +was invited in for an interview, and they said I can come in, when invited for an interview. (Recruiters told me this as well.)

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2023

This is posted under "Criminal Law" but the question involves a civil action. The criminal law attorneys could advise on any criminal aspects, if applicable. I can't advise on that. In terms of the civil aspect of being sued in a lawsuit, it is always possible when entering the... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for New York on
Q: Hi I'm a bene of trust set up in 2016.Under disability.can I petition Surrogate CourtNY,pro se, to remove disability?

Under disability w/ad litem appointed, can I petition to be heard by judge, conference, or written statement, if my disability is minor (ADD) and I disagree with ad litem's actions and coercive requests for waiver liability. Spendthrift trust, cash poor,no homeowners insurance(!?!#), failure... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 17, 2023

Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Collections and Small Claims for New York on
Q: new york time to file an answer time the court filing is saying I was served on Jan 12 with an email but I was not

the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 17, 2023

First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... Read more »

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Moving co. hostage situation: my property stored, abandoned & sent to dump/I was denied location info. Worth suing over?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 11, 2023

More information is needed. Can you produce any inventory for the property that was lost? Do you have a way to value these items? You need to have an attorney take a look at the contract and also run an investigative profile on the moving company. Only after doing doing this homework can you... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: My insurance company’s acv value is less then when I can replace my truck for

My truck was stolen and recovered 5 days later after being used in multiple strong arm robbery’s , I’m mentally unable to drive the truck knowing what has happened with it while stolen and am worried the insurance company’s acv will be less then what I owe /purchased for ,i would not be able... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2023

Unfortunately, this has been common due to the recent spike in vehicle costs. Short of exploring whether there are cost-effective options with a civil litigation attorney, you could try presenting prevailing figures for similar make, model and year trucks in the downstate region. Good luck

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: my x used to venmo me money to pay our bills now she is saying I owe her a lot more, I've been paying for what i used

will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: I sued a home inspector in Madison County, NY and won. He then appealed but his appeal was denied.

What are the steps I need to take to get the judgment as he is not paying voluntarily. Thank you

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 24, 2023

Your options are found under Article 52 of the Civil Practice Law and Rules, which contains most of the judgment enforcement devices in New York. The most common devices are bank levies and wage garnishments. These procedures involve you preparing paperwork called an "execution levy," and... Read more »

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: How can I get collectors to go after my ex business partner instead of me?

We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 17, 2023

You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... Read more »

3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2023

It could depend on what the out-of-pocket expenses are. If they were related to medical care or lost wages, no-fault would pick that up. In terms of other property damage-related expenses, it could depend on settlement terms. If you signed a release in consideration of monies received, the terms of... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for New York on
Q: Kindly share ANY precedent of Civil Mediation ADR that have occurred via mail, instead of in-person.

Dear All,

In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.

One of the... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 12, 2023

Dear Bhuvan:

Good day. You did not mention your relation to the tenants, the litigation, and the property. But you are a defendant, united in interest with your co-tenant, also a defendant, you were represented by Legal Services counsel, your counsel was permitted to be relieved of the...
Read more »

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1 Answer | Asked in Employment Law, Business Law and Civil Litigation for New York on
Q: Can a company unilaterally withhold 100% commission due from a 1099 employee?

I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 27, 2022

It depends on your agreement, which it appears in itself might be hard to prove.

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and International Law for New York on
Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.

If the value of the...
Read more »

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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: Which court in Brooklyn NY should I file a civil lawsuit against the credit bureau under the Fair Credit Reporting Act?

Case Information: The case should be brought under the US Code 1681(b) (I) & (n)

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the... Read more »

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