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New York Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for New York on
Q: i sold my cat to someone on craigslist and asked for her back do they Return her since i am offering their money back?

I rehomed my 11 month old kitten shadow on craigslist . I am asking the person i sold it to for her to return her . I told her i would give her , her money back plus $60 extra dollars. She said she would return her for the money but now she is refusing to give her back. I havent given her the... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

It could depend on whether the two of you entered into a valid contract. If you satisfied the elements of a contract, in terms of an offer, acceptance and consideration, and there is proof of that, that could memorialize a done deal. But it looks like you have subsequent communications that might... Read more »

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1 Answer | Asked in Copyright and Civil Litigation for New York on
Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 12, 2020

Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... Read more »

2 Answers | Asked in Civil Litigation and Real Estate Law for New York on
Q: Being sued in a partition suit in a joint tenancy.
Elaine Shay
Elaine Shay answered on Aug 4, 2020

If you were served with a summons and complaint, you will need to submit responding papers within a specified time depending upon how you were served. Suggest retaining an attorney to do so on your behalf and to attempt to negotiate a resolution on your behalf.

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1 Answer | Asked in Civil Litigation for New York on
Q: i signed a contract to purchase a house before covid19. Now seller refused to close. can i sue for specific performance?

i had signed the contract before covid 19. i got loan commitment. Now sellers are keeping making excuse not to close as unable to find apartment. Can i sue them for specific performance? court are not working properly. Does it take a long time before you see a judge. How does it work?

Michael David Siegel
Michael David Siegel answered on Aug 4, 2020

Do you have a lawyer? Prior to suing you need to send a "time is of the essence letter" to the seller. Then you can file a complaint. You see a judge quickly as you file an order to show cause and the courts are hearing motions online.

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for New York on
Q: Could a plaintiff appeal the lower court decision on a civil lawsuit and where can I fine case law on it
Michael David Siegel
Michael David Siegel answered on Jul 28, 2020

Any decision can be appealed. Where to appeal depends on which court decided it. There are very strict time deadlines to appeal.

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1 Answer | Asked in Civil Litigation for New York on
Q: Can I put up a 3.5 foot fence ( lattice )in a small area of my back yard to keep my toddler within them boundaries

I have a huge yard and blocked a small area in the back off with lattice to keep my toddler in 1 designated spot and just recieved tickets saying I need a permit I feel like this is wrong

Michael David Siegel
Michael David Siegel answered on Jul 27, 2020

It would be an issue of local code. Anything is possible. Talk to the Code Enforcement Officer.

4 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Juvenile Law for New York on
Q: Can I be sued for negligence on behalf of my child?

My 10 year old son waa riding his bike on the sidewalk and accidentally bumped into a woman. The woman fell and scraped her elbow. My son got scared and left his bike and ran home. A few minutes later, I arrived at the scene and the woman's husband immediately began threatening to sue me. The... Read more »

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

In theory you can be sued. Anyone can sue anyone. If you are, send it to your insurance company. If you have no insurance, you will likely not be sued.

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1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Constitutional Law for New York on
Q: Is there a law that allows me to protect myself against state-mandated threat of infection to my life and my child’s?

Thanks in advance for your time.

I have an 8 year old daughter. Her mother and her partner are reckless about COVID-19 infection, attending protests, traveling on airlines, not wearing masks, not using sanitizer etc. By contrast, I have protected my daughter with every measure possible... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Your choices are either not to have your daughter come to you or to go to court and ask for custody.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Can I be served papers that are dated 3 months back?

I was served papers by a debt collecting law firm, but the papers are dated December 30th, 2019, the Filing date is March 9th 2020, today is June 20th, 2020. I found the papers on my mailbox.

I don't know if these papers are valid, I have never spoken to this firm and we have never... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

Due to the PAUSE order of Gov. Cuomo, all deadlines for service were tolled, meaning based upon your post, service is valid "nail and mail" service. Do not ignore the paper. File an answer, and then negotiate with the attorney.

2 Answers | Asked in Civil Litigation for New York on
Q: Does every civil cause of action have a statute of limitation in NY?
James Avery
James Avery answered on Jun 18, 2020

Yes, there is a 6 year catch-all statute which applies if there is not a specific one.

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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

Can anyone directly see any court records on the court websites, or is there a different type of procedure to request documents? Do you need some type of credentials to view... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

There isn't really a formal procedure. A California attorney could advise about the systems used there. In New York, you could access decisions on the website of the Unified Court System. Additionally, there are databases such as PACER where you can find cases. About your other questions, yes,... Read more »

2 Answers | Asked in Civil Litigation for New York on
Q: How can I find out the name of an insurance company for a certain business.

In October of 2019 I took my vehicle to an express lube to have my oil changed and the the person who put the oil into my vehicle overfilled my engine with 4 quarts more than it should have held. The extra oil caused my engine to shut down and the engine had to be replaced. The owner of the express... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

This information is not always publicly available. You may be able to obtain insurance information from the DMV if it is a licensed shop.

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1 Answer | Asked in Civil Litigation for New York on
Q: Arears after 6 years was 5 figures. I’ve been on public assistance for 7 years, will they reduced it to $500

What proof do I need to show I never could afford the big amounts they claimed I owed? I was in the nyc shelter the whole time.

George E. Patsis
George E. Patsis answered on May 30, 2020

What kind of arrears are you talking about? If it is child support or spousal support arrears, you cannot retroactively modify those.

1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis answered on May 30, 2020

Are you divorcing? Please re-post with more details.

4 Answers | Asked in Civil Litigation and Bankruptcy for New York on
Q: I want to know the negative financial consequences of deliberately allowing a lienholder to repossess my vehicle to me

A Ch. 13 conversion into a Ch. 7--Bank wants back $2800, and really gouged me on monthly payments, increasing from the prior agreed on rate of only $115 a month payments (the Ch. 13 Trustee won that). No more need for this 11 year old vehicle which is now worth market value of only $1700 at most.... Read more »

Karra Kingston
Karra Kingston answered on May 26, 2020

I’m not sure if your in bankruptcy now or not?

If you are not in bankruptcy and they repossess your car they can sue you or garnish you. You can give up the car in a chapter 7 bankruptcy and not be liable for it? If you are no longer in bankruptcy and you give up the car they can not...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: Landlord files a lawsuit in 2017. Never sent me any notice and its 2020. How can i get this cleared from my record?

In 2016 I lived with roommates and moved out the following year. I did not renew my lease and one roommate ended up staying. I returned my keys to the landlord and even wrote a nortarized letter stating i will not be returning, as per their request. Fast forward to 2020 i learn that they had filed... Read more »

Michael David Siegel
Michael David Siegel answered on May 14, 2020

If there is an existing judgment, and you never knew about the case, and you have a return of keys defense, you can move to vacate the judgment. I charge $800 for this motion if it is in Civil Court in NYC.

1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Stockbroker Fraud for New York on
Q: What should I do? My account is frozen cause I was given fraud checks and bank took my money when they decline the check

So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had... Read more »

Michael David Siegel
Michael David Siegel answered on May 14, 2020

If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit.

1 Answer | Asked in Civil Litigation for New York on
Q: If people invest in me and I reinvest back in them is that illegal?
Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

This sounds like a question that may be better suited for a consult with an attorney (rather than a quick, short answer here) in terms of exactly what is meant by investing in someone, whether it involves providing business loans, grants, credit, or other forms of backing one could consider... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: can my father stil collect his judgement from 2010

my father got a notice 2011 he won a default judgement against hud 'it was on line at one time lawyer told him to come to court . day of the courtdate he was told dont come the jude cancel the case 2017 i got documents from the court i found judgement was change from hud to jamaica housing... Read more »

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

If there is an entity to collect from he can collect it for 20 years from the entry of judgment. If the defendant is defunct, then there is no way to collect now.

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can a lawyer help me sue the NYCTP and NYPD for continuously harassment and my minor son?

After my ex husband failing to get me deported. He went ahead and made false allegations about me and my minor son to the police. We are always being harassed like criminals. We are labeled thieves in the stores despite the fact that I have no criminal history. My ex is NYPD retired detective so he... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police corruption can be reported to the Dept of Justice (FBI).

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