New York Civil Litigation Questions & Answers
Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?
In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?
Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending the... Read more »
Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »
Q: My mother died in interfaith hospital in 2006 and there was a lawsuit pending. How can I locate the information
While she was being treated for cancer the ceiling collapsed on her.
It should be searchable online, but you can go to the court and speak to the clerk.
Q: Help filing suit for breech of contract.
I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »
The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."
Q: I need to depose witness that lives out of state. I want the depo governed by NY CPLR rules. any caselaw on this?
Even better, there is a statute. You need to get something called a commission, which is a special proceeding in the state where the witness lives, based on an order from the NY court.
Q: Can a non profit mortgage co receiving federal grants rescind qualification because you have an attitude on the phone?
I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... Read more »
As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... Read more »
Q: Can I get judgement in NYC Civil Court thrown out based on what I think is unprofessional and biased behavior by judge?
During my civil court trial in Manhattan on 5/17/19, the judge was yawning the entire time of the trial. We were also never sworn in before. When I was giving my testimony, she repeatedly cut me off and was abrasive and dismissive. At one point, the judge replied: what's to say you don't have... Read more »
So this is one of those times you should have had a lawyer instead of doing it yourself. You can appeal, but factual determinations are only overturned on an abuse of discretion, which is very hard to show. Also, to appeal, you would need to order the full transcript, which will be several... Read more »
Q: Stranger has her name on the deed illegally after judgement
Erected a fence recently barring me from entering my own family property
If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.
Q: What to do with Court order with multiple clerical error and parties not being named in distribution amounts?
Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each, the Order... Read more »
File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.
Q: Can I add interest to my uncollected civil money judgment?
The court does it automatically.
Q: Taxi medallion broker refuses to cancel insurance on my car and I can't add insurance onto my car from second broker.
I was leasing a yellow taxi medallion from a broker. The car title is under my name and financed by Toyota. The insurance is under the name of the medallion owner. The medallion got repossessed by the bank. My car has been sitting for over 3 weeks and the broker has not put the medallion back on... Read more »
This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or... Read more »
Q: If a corporation, for 4 years is inactiveDon't pay his dues to DOS. Is he still Incorporated
It cannot do business unless it is re-activated, which requires filing the unpaid fees and a penalty.
Q: I’m being threatened to be garnished from a Company fora credit card that was fraudulent and happen when I was 1
Im also being told I cannot fight this.
It depends where the judgment was entered, how long ago, and when you first found out about it.
Q: Piercing the Corporate Veil. Once the limited liability is lost in one instance, is it lost forever?
Will subsequent actions seeking to collect judgements against the debtor automatically assume the liability rests with the shareholder and not the alter ego? Or will plaintiffs have to make motions again, but use previous judgements as precedent?
The latter. New motions by each plaintiff.
Q: Hello We were planning to renovate the apartment in NYC my brother hired a designer who in turn brought in a contractor
since July 2018 he was paid according to contract $14,500.00 he took the money and disappeared did not do any work only demolished the bathroom and fled he was not answering any calls or emails. The designer took the wall unit with had a locked drawer in it my CC/Check book i /pocket book idrawer... Read more »
You can sue both, and see what settlement or judgment you can get.
Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?
Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a satisfaction... Read more »
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
Q: I live in a condo in New York City. Abatement for defective vent that blows foul smells into apartment?
The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... Read more »
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully... Read more »
Q: For an appointed transactional attorney for property sale, how is application of fee submitted to court?
Property partition, Supreme Court Civil. Court appointed transactional attorney at hourly rate for conducting private sale of property (not foreclosed/not auctioned). Is the process by which such attorney submits his fee application done by Notice of Motion and Affirmation of Application submitted... Read more »
Generally applications to the Court are made by Motion or Order to Show Cause. If there was a Stipulation of Settlement, it is possible that a different means of resolving disputes was provided for.
Q: How can I remove an attorney on record when can't contact the attorney on record?
I bought the judgment and an assignment was filed but the captain was not amended, now the defendant tries to vacate the judgment, I tried to remove the attorney on record who filed the case, but I can not find him.
You do not have to remove an attorney for post-judgment litigation. An engagement ends with the judgment. However, when you buy a judgment you buy it with any impediments, including that it might be vacated.
Q: In NY, if a client is leaving one attorney for another attorney, is the client entitled to their case file?
Is the client entitled to notes, internal memos, documents and other background materials that was prepared or used in providing advice to the client?
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
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