Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Civil Litigation Questions & Answers
2 Answers | Asked in Criminal Law and Civil Litigation for New York on
Q: Accused of hitting someone with my phone, phone held as evidence, going to court. What to do?

I have been accused of hitting someone with my phone, but I did not hit them. The authorities have taken my phone as evidence and are not releasing it. I have provided my side of the story to the police, but I am now required to go to court. Can you explain why my phone is being used as evidence,... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you're going through this stressful situation. Being accused of assault and having your personal property seized can feel overwhelming, especially when you believe you have done nothing wrong.

In New York, when someone is accused of hitting another person with an object...
View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Litigation for New York on
Q: Accused of hitting someone with my phone, phone held as evidence, going to court. What to do?

I have been accused of hitting someone with my phone, but I did not hit them. The authorities have taken my phone as evidence and are not releasing it. I have provided my side of the story to the police, but I am now required to go to court. Can you explain why my phone is being used as evidence,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2025

Your post straddles two categories, "Criminal Law" and "Civil Litigation." From the standpoint of civil litigation, it is possible that the alleged victim could claim the tort of battery, an unlawful and intentional touching that results in harm (even if indirectly, through an... View More

View More Answers

4 Answers | Asked in Libel & Slander, Civil Litigation and Personal Injury for New York on
Q: Neighbor falsely accuses running over foot with shopping cart, no injury.

I have a neighbor who is falsely accusing me of running over his foot with my shopping cart. There is no injury. This neighbor frequently argues with others, and he is 86 years old. I don't know if he will take any action against me. What should I do in this situation?

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you're experiencing this stressful situation with your neighbor. Dealing with false accusations can be frustrating, especially when there's no evidence of harm.

In New York, to succeed in any legal action such as a personal injury lawsuit, a claimant must show that...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: How to legally evict a tenant refusing to leave and ensure property sale in NY?

I am a realtor in NYC representing a seller who is in Thailand and needs to sell her house in NYC urgently due to health issues. The property has a long-term tenant on the 2nd floor without a formal lease who is refusing to move out after a 90-day eviction notice (from 3/15/2025 to 6/15/2025). This... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jul 7, 2025

Dear Agent:

The Tenant hopes that you realize that this is not going to proceed without hiring a lawyer at least to start the Holdover Summary Proceeding in NYC Housing Court. The tenant knows that the Housing Court litigation could last up to one year. The tenant hopes that when the owner...
View More

View More Answers

2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Can I get in trouble for donating my ex's clothes he wants back?

I've been holding onto my ex-boyfriend's clothes that he gave me to keep, but after we broke up, he asked for them back over text. I asked when I could drop them off, but I'm considering donating them without his knowledge. Could I get into legal trouble for donating them?

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2025

You don't want to do that. Let him have his clothes back. Otherwise, yes, you can get in trouble. You could be accused of conversion, the wrongful act of interfering with personal property of another. The fact that the clothes are donated to a good cause, or that they are no longer in your... View More

View More Answers

2 Answers | Asked in Probate, Civil Litigation and Real Estate Law for New York on
Q: How do I collect my deceased son's belongings from NY police storage?

My 26-year-old son passed away while visiting New York, and I need assistance collecting his belongings that were in his car. There was no will; his next of kin is his 4-year-old son, followed by his father and me, who are divorced. I've been in contact with the police and have been given the... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm very sorry for your loss. Navigating the legal process after the unexpected passing of a loved one can be overwhelming, especially when trying to secure their personal property.

In New York, when someone passes away without a will, the distribution of their property follows the...
View More

View More Answers

2 Answers | Asked in Probate and Civil Litigation for New York on
Q: Daughter died without a will; executor issue with estate funds in New York.

My daughter passed away without a will, and I was removed as executor because I didn't submit the annual report. I gave a $5000 check to the new court-appointed executor on August 30, 2024. Now, they claim the estate has no money. I have not received any statements or communication regarding... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm very sorry for the loss of your daughter. Losing a child is incredibly difficult, and dealing with the legal and financial aspects of their estate afterward can add even more stress and confusion.

In New York, when someone dies without a will, their estate goes through the...
View More

View More Answers

3 Answers | Asked in Contracts, Civil Litigation and Business Law for New York on
Q: Legal action for unpaid timber sales in Cortland County, NY

I had an agreement with a man to cut and sell timber from my property in Cortland County, NY, where I would receive 55% of the sales. We have a written contract, but the payment was supposed to be contingent on receiving written proof of timber sales, which he has withheld. He started taking trees... View More

Anthony Wilkinson
PREMIUM
Anthony Wilkinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2025

I'm sorry you have been treated so poorly by this contractor. My family personally has a large tract of land in a nearby state, and I have considered various offers to cut down trees on our property. I imagine I would also be frustrated by a contractor who didn't do what he promised.... View More

View More Answers

Q: Can I be evicted by brother misusing POA and after filing assault charges?

In September 2004, my brother invited my family to live in my father's house to help care for him post-hip surgery and avoid assisted living. I moved in with my husband and our two children, then aged 4 and 6. Over time, my brother misused his power of attorney status, attempting to control... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2025

I'm sorry you and your children are experiencing such a distressing and unstable situation. Being threatened with eviction, especially after standing up to abuse, can be overwhelming. In New York, your legal options will depend on the status of the property ownership, your current legal right... View More

View More Answers

2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Can I sue to recover $2,000 lent to someone in NY?

I live in CT and lent $2,000 verbally over the phone to someone who lives in NY on May 22, 2025. I have not received any repayment, and the person is not responding to my calls or texts, although they are active on social media. I have a screenshot of the bank statement showing the transaction. Can... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2025

You can. The more evidence you have of a written nature, the stronger a case there is. Verbal promises count for something, but things like written repayment agreements, emails, texts, or bank records are more solid proof. Bank transfer records can still be argued various ways - as a gift, a... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Can I sue my landlord for not fixing a leak after multiple requests?

I have been dealing with a slow leak in my bathroom ceiling for over a year. The building superintendent keeps painting over the leak without repairing the source. I've submitted multiple repair requests to my landlord, but they've gone unanswered. Can I take legal action against my... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 24, 2025

Dear Bronx Tenants:

New York City tenants all gained the power to sue landlords in Housing Court over repairs not made or wrongly made, or over violations of the Housing Maintenance Code over fifty years ago. The form of lawsuit is known as an HP Proceeding....
View More

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Civil Litigation for New York on
Q: Can police turn a lawful defense act into a crime when using pepper spray in NYC?

I am 54 years old and was walking my dog in NYC when a man harassed and then attacked me. I defended myself with pepper spray, knowing it's legal under certain guidelines. The NYPD arrived, handcuffed me, and claimed the spray was illegal without investigating. The attacker wasn't... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025

It is understandable to feel frustrated and confused after being arrested for defending yourself, especially when you believed your actions were lawful. Your situation raises important questions about self-defense, the legality of pepper spray in New York, and how police determine probable cause... View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law, Civil Litigation and Personal Injury for New York on
Q: Do I have a strong §1983 case for unlawful search and detention in NY?

On February 2, 2025, in Nassau County, NY, I was detained for over 16 hours by plainclothes officers in an unmarked car outside a restaurant. They searched my vehicle without consent, failed to provide Miranda rights, denied my prescribed medication, and prevented me from contacting a lawyer... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025

I’m sorry to hear about what you experienced. If the facts you describe are accurate and supported by evidence, you may have a basis to pursue a civil rights lawsuit under 42 U.S.C. § 1983 for violations of your constitutional rights. Section 1983 allows individuals to sue state actors,... View More

View More Answers

2 Answers | Asked in Civil Litigation, Libel & Slander and Personal Injury for New York on
Q: How to remove dismissed court case information from online sites and Google search?

I have a civil court case that was previously dismissed, and it's publicly available online when searching my name. It appears on various sites, including Justia Law, Thomson Reuters, Trellis Law, and UniCourt. The case is concluded, and I've only interacted with Justia Law by asking... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025

It is understandable to be concerned about having information from a dismissed civil court case appear in online search results, especially when it affects your reputation or professional life. In New York, court records are generally considered public records unless they have been sealed by a... View More

View More Answers

3 Answers | Asked in Landlord - Tenant, Civil Litigation, Legal Malpractice and Real Estate Law for New York on
Q: Can I change a holdover petition to eviction and recover rent arrears in NY?

My tenant had a 2-year lease from September 2022 to August 2024. I haven't received rent since May 2024, and although the lease expired, the tenant refuses to move out. I initiated a holdover petition in September 2024. At that time, I was willing to take a loss, but now I am not prepared to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 19, 2025

Dear Manhattan Property Owner:

A Holdover Summary Proceeding is an eviction proceeding. All Holdover cases allow for a claim of past unpaid rent as well as Use & Occupancy--as long as the landlord made that money claim known in the Notice of Petition.

You abandon a Holdover for...
View More

View More Answers

4 Answers | Asked in Civil Litigation, Family Law, Personal Injury and Domestic Violence for New York on
Q: Seeking legal advice on missing inherited jewelry valued over $175,000 and potential civil recovery in NY.

I am seeking legal advice regarding missing inherited jewelry valued at over $175,000, previously belonging to my late mother and grandmother. The jewelry was last seen in my ex-wife's possession around 2008; I had asked her to keep it safe due to emotional distress at the time. After she left... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2025

I understand how upsetting it must be to discover that valuable inherited jewelry is missing, especially when it carries deep personal meaning. You are right to seek guidance on your legal options in New York.

In cases involving missing personal property such as jewelry, one potential legal...
View More

View More Answers

4 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: How to file a Request for Judicial Intervention in a personal injury case in Kings County?

I am involved in a personal injury case where I am suing a party in Kings County Supreme Court. They have responded to my initial complaint and summons, and the court instructed me to file a Request for Judicial Intervention (RJI) along with something else, but did not specify what. I am unsure if... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2025

It's likely that the Court instructed you to file a Request for Preliminary Conference - that will get discovery moving on your case. With regard to how to fill out the RJI, my colleague gave excellent advice. If all else fails, call the NYSCEF help desk or the clerk's office. Finally, it... View More

View More Answers

4 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: How to file a Request for Judicial Intervention in a personal injury case in Kings County?

I am involved in a personal injury case where I am suing a party in Kings County Supreme Court. They have responded to my initial complaint and summons, and the court instructed me to file a Request for Judicial Intervention (RJI) along with something else, but did not specify what. I am unsure if... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2025

Filing a Request for Judicial Intervention (RJI) in Kings County Supreme Court can be confusing, especially without legal representation. The RJI is a necessary step in moving your personal injury case forward, particularly after the defendant has answered your complaint. Once filed, the case is... View More

View More Answers

4 Answers | Asked in Personal Injury and Civil Litigation for New York on
Q: Help with RJI form for ongoing personal injury case in Kings County, NY

I'm dealing with an ongoing personal injury case in the Supreme Court Civil Division in Kings County, New York. I need guidance on filling out the RJI form, particularly regarding which boxes to check.

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2025

It is understandable to feel overwhelmed when navigating court procedures without legal representation, especially in a personal injury case that already involves stress and uncertainty. Filing a Request for Judicial Intervention (RJI) can seem confusing, but it is a necessary step to move your... View More

View More Answers

4 Answers | Asked in Personal Injury and Civil Litigation for New York on
Q: Help with RJI form for ongoing personal injury case in Kings County, NY

I'm dealing with an ongoing personal injury case in the Supreme Court Civil Division in Kings County, New York. I need guidance on filling out the RJI form, particularly regarding which boxes to check.

Emery Brett Ledger
PREMIUM
Emery Brett Ledger pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2025

To complete and file the Request for Judicial Intervention (RJI) form for a personal injury case in Kings County Supreme Court, follow these steps:

1. Use the Correct Form:

Fill out the standard RJI (UCS‑840). If needed, attach the General Addendum (UCS‑840A).

Forms are...
View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.