There is no question to answer.
Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.
The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the... Read more »
Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.
Yes it is. But, it depends on the terms of the contract.
They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... Read more »
If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.
I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »
I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... Read more »
We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.
You can call the police and make a complaint.
I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?
Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... Read more »
I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »
I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »
I recently represented myself (big mistake) and lost to an adversary with an attorney.
The judgement is an order against me but I think the judge was asleep since he got many details wrong.
Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »
Hi.
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Thanks.
How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »
This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... Read more »
Now they want the car back how can I transfer the title
You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.
I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »
If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.
He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... Read more »
The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.
A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.
I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »
Sure, if you have the proof from an estimate from someone else to fix the damages.
In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »
Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »
Only if it is without prejudice.
My complaint against billion+dollar US/Canadian company was investigated by NYS Dept.Labor:company admitted 'guilt' & Dept. determined 'guilty', fined & penalized. NYS Dept. lead investigator informed me that because company already admitted guilt (IE: violated NYS Mold... Read more »
Hi. That is a very interesting fact pattern. You definitely want to consult with an attorney prior to settling a potential action. We are happy to provide you with a free consultation, as I’m sure many others are as well.
All the best. Stay safe, have a great weekend.
Jon
If it's in a divorce case, then you'd file an order to show cause for an amended judgment. You'd need to submit an affirmation/affidavit stating the reason for the correction. Schedule a consult with a NYC Family Law attorney for a full assessment.
New York Southern District Supreme Court in a medical malpractice case, civil action
Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.
The gifts was sneakers and jewelry
In most cases, it would be difficult to sue over expectations related to gifts. In general, gifts don't give rise to the same rights and duties as formal contracts do (offer, acceptance, consideration, etc.). Good luck
Tim Akpinar
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