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New York Civil Litigation Questions & Answers
2 Answers | Asked in Criminal Law and Civil Litigation for New York on
Q: What happens if I plead guilty to first-time petit larceny in NY?

What are the potential outcomes of pleading guilty to a first-time petit larceny charge in New York State under the following circumstances? I was stopped at a store for attempting to take children's clothing without paying. I was taken to a room by store security, where I returned the items.... View More

Michael J. McConnell
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answered on Nov 5, 2025

For a first-time petit larceny charge in New York (especially for a low-value shoplifting case) there are often alternatives to jail and even ways to avoid a permanent criminal record. Many first-time offenders are eligible for an Adjournment in Contemplation of Dismissal (ACD) or a diversion-type... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: How can I address lack of hot water in my apartment during winter in NY?

I live in a luxury apartment building owned by Stonehenge Co. in New York. I pay $8,000 monthly rent, but I've been without hot water for 5 days, which happens multiple times a year, especially on upper levels. Despite many tenant complaints, management only responds with generic updates like... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 30, 2025

Dear Queens Tenant:

Other than calling the 311 hotline to report the violation of no hot water, or having your attorney declare a breach of lease and a constructive eviction, and then instantly moving out, there is a Housing Court procedure known as an HP Proceeding for a court order to...
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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for New York on
Q: How to defend against charges under NY law section 353a related to a senior dog's care?

I am seeking guidance on defending against charges under New York's Dept. of Agriculture law section 353a related to a senior dog that died in our rescue's care. The dog had pre-existing issues, including advanced heartworm when she arrived with us. Over the course of nearly a year, she... View More

Zev Goldstein
Zev Goldstein
answered on Oct 27, 2025

We have dealt with cases like these before. § 353-a prohibits "intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty". Often these cases get dismissed for lack of direct evidence of exactly what happened to the animal. There is... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: What to do if a landlord lies about filing an eviction

I received written information from my landlord via text stating that an eviction has been filed against me. I suspect that my landlord is lying about filing the eviction. There is a history of lease disputes between us, but I have not received any formal or legal documentation about an eviction.... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 29, 2025

Dear Bronx Tenant:

The New York State eviction process is multi-step. By the time the actual lawsuit is filed (New York City Housing Court cases are electronically filed before papers can be served on the tenant), the tenant would already have received multiple sets of papers. For instance,...
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Q: Can old texts be used against me in light of new evidence?

Can someone use old text messages and photos from years ago against me to plead innocence, especially when I have evidence like camera photos and a 911 call showing her and her new girlfriend, who was arrested? She threatened me with these old texts, including a picture of a BB gun I no longer... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2025

Your question straddles a large spread of categories. New York criminal defense attorneys would have the best insight here - they deal with the Rules of Evidence for criminal matters on a daily basis. The rules can be picayune, nuanced, and context-specific in terms of admissibility.... View More

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Q: Can old texts be used against me in light of new evidence?

Can someone use old text messages and photos from years ago against me to plead innocence, especially when I have evidence like camera photos and a 911 call showing her and her new girlfriend, who was arrested? She threatened me with these old texts, including a picture of a BB gun I no longer... View More

Lyaman F. Khashmati
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answered on Oct 27, 2025

Yes, old text messages and photos can be used as evidence in court if they are related to the case and can be proven to come from you, but they have to meet specific rules like being relevant and authentic. Even if someone tries to use things from years ago, you can fight back with your own proof,... View More

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3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Contempt order for child custody violation and respondent's awareness

I filed a contempt order against my child's father because he is not allowing me to communicate or see my child, which is against the court order. I am wondering if he will be made aware of the accusations I've made in the contempt order before our scheduled court date. Additionally,... View More

Stephen Bilkis
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answered on Oct 20, 2025

I am sorry that you are going through this painful situation. Being denied time or contact with your child despite a court order can be emotionally overwhelming and frustrating. It is understandable that you want to know what to expect after filing a contempt motion in New York Family Court.... View More

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3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Contempt order for child custody violation and respondent's awareness

I filed a contempt order against my child's father because he is not allowing me to communicate or see my child, which is against the court order. I am wondering if he will be made aware of the accusations I've made in the contempt order before our scheduled court date. Additionally,... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

Yes — he will be told about the contempt case before court. In New York, the court will issue a notice or summons for him to appear, and he must be served with the paperwork that explains your claims.

At the hearing, the judge will look at whether he knowingly disobeyed the custody order...
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2 Answers | Asked in Civil Rights, Child Custody, Civil Litigation, Domestic Violence and Family Law for New York on
Q: Seeking legal help for nephew jailed due to false accusations impacting custody in New York.

My nephew was jailed for 17 days due to false accusations from the mother of his 8-year-old daughter. Despite having full custody, he was ordered to take his daughter to visit the mother, who lives two hours away. His daughter was visibly upset and did not want to return due to experiencing abuse... View More

Stephen Bilkis
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answered on Oct 20, 2025

I am very sorry to hear about your nephew’s situation. Being jailed because of false accusations and losing custody of a child can be devastating, especially when there are concerns about the child’s safety. It is understandable that your nephew feels helpless without legal representation, but... View More

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2 Answers | Asked in Civil Litigation, Consumer Law and Insurance Defense for New York on
Q: Court ordered $35,000 settlement held by insurance lawyer; should I demand or sue?

I won my case in May this year, and the court ordered the insurance company to pay me $35,000. However, the insurance company's attorney is still holding the settlement funds. I've reached out multiple times, and he mentioned a lien of $1,620, which I have addressed by sending an itemized... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 15, 2025

Sorry to hear what you're going through. As my colleague correctly advised, if you had a lawsuit which settled, enter judgment against the defendant for the settlement amount, along with costs and disbursements. Unless otherwise ordered by the court or agreed to by the parties, under New York... View More

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Q: How can I get my belongings back from my son who has a TRO against me and is leaving the country?

As a quadriplegic living in Western New York, I am facing challenges after a fallout with my son, who is 32 and planning to leave the country for marriage. He has taken all of my belongings and put them in storage, refusing to return them. Moreover, he has a temporary restraining order (TRO)... View More

Stephen Bilkis
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answered on Oct 20, 2025

I am sorry that you are going through this very difficult situation. It sounds both stressful and unfair to be deprived of your personal belongings while also dealing with the restrictions of a temporary restraining order. In New York, you do have legal options to seek the return of your property,... View More

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4 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: Someone blocked my car and reached inside, causing trauma. Do I have a legal case?

I am a young driver who experienced a traumatic incident where someone blocked my car, tried to open my door, and reached into my car through the window while I was driving between a shopping center and a parking lot. Although there was no physical harm or damage to my car, I have since experienced... View More

Stephen Bilkis
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answered on Oct 17, 2025

I am very sorry that you experienced such a frightening situation. Feeling unsafe and traumatized after someone aggressively approached your vehicle is understandable, and it is important that you take steps to protect yourself both emotionally and legally.

In New York, the fact that there...
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4 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: Someone blocked my car and reached inside, causing trauma. Do I have a legal case?

I am a young driver who experienced a traumatic incident where someone blocked my car, tried to open my door, and reached into my car through the window while I was driving between a shopping center and a parking lot. Although there was no physical harm or damage to my car, I have since experienced... View More

Lyaman F. Khashmati
Lyaman F. Khashmati pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2025

Thank you for sharing your experience—it’s understandable to feel shaken after such an incident, and your concerns are valid. Keeping your well-being at the forefront is crucial, and you’ve already taken smart steps by planning to file a police report and reaching out for therapy support.... View More

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3 Answers | Asked in Consumer Law, Civil Litigation, Products Liability and Personal Injury for New York on
Q: How to proceed with suing a registered NY supplier for counterfeit Rogaine.

I purchased Rogaine from a wholesale supplier registered in New York. I experienced negative effects due to the product and discovered it is counterfeit. I have evidence, including receipts, proving it was counterfeit. I haven't contacted the supplier yet. I would like to know how to proceed... View More

Stephen Bilkis
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answered on Oct 22, 2025

I understand how frustrating and concerning this situation must be, especially after discovering that the product you purchased was counterfeit and caused you harm. Counterfeit health products can pose serious risks, and you are right to consider taking legal action against the supplier. In New... View More

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2 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for New York on
Q: Beneficiary not paid from estate, seeking lien for NY property.

I was named as a beneficiary in a will that was submitted to probate court in 2015. I was supposed to receive some money from the estate, but I never received anything. I've tried contacting the executor and the probate court, but I have not received any response. Additionally, the estate is... View More

Stephen Bilkis
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answered on Oct 22, 2025

I understand how frustrating it must be to wait years for an inheritance that was promised to you, especially when you have made multiple attempts to contact the executor and the court without success. Situations like this are unfortunately not uncommon, but New York law provides options to protect... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Personal Injury and Wrongful Death for New York on
Q: Seeking legal actions for accountability in motorcycle accident fatality involving close relations of police chief and DA.

My son died in a motorcycle accident when a pickup truck ran a stop sign on a one-way street and killed him. The truck driver's insurance has accepted 100% fault for the accident. However, the police and DA are placing blame on my son. The truck driver was questioned and released, and the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 29, 2025

I'm so sorry for your loss. With regard to holding the driver of the pickup truck accountable, best to hire an experienced personal injury / wrongful death attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Although it may appear that many... View More

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2 Answers | Asked in Civil Litigation for New York on
Q: Received postcard as settlement class member, unsure why.

I'm a resident of Ontario, Canada, and I recently received a postcard indicating that I am a settlement class member in the McNally v Infosys McCamish Systems LLC case. I don't recall having any business dealings with these companies. The postcard provides instructions to email or call... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2025

Should you ignore the card? That's an individual decision. There are countless class action lawsuits out there, ranging from chemical exposure to data breaches. Some people throw the postcards out, feeling it isn't worth participating in lawsuits that sometimes yield a $5 award after... View More

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2 Answers | Asked in Estate Planning, Probate and Civil Litigation for New York on
Q: Can a next of kin hide a deceased parent's will or trust?

Can a next of kin hide a deceased parent's will or trust if they do not agree with the beneficiaries? I have past communication from my deceased parent indicating his intent to will his house to his grandchildren instead of his daughter. The next of kin refuses to divulge any information, and... View More

Stephen Bilkis
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answered on Sep 24, 2025

I am sorry you are going through this frustrating situation. It is difficult when there are questions about a deceased parent’s true intentions and concerns that someone may be withholding important estate documents. In New York, there are specific rules and procedures that address how wills and... View More

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2 Answers | Asked in Civil Rights and Civil Litigation for New York on
Q: Can a dismissed civil discrimination case be reopened in New York?

I had a civil discrimination and harassment case that was dismissed due to a lack of factual proof. The same case has occurred multiple times in different districts. Is it possible to reopen the case considering these circumstances, and what grounds might be necessary to do so?

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2025

I'm not certain what other related causes of action or claims your matter involves, but as a GENERAL premise in civil litigation, the manner in which a case is dismissed can have a bearing on the claimant's subsequent rights. Dismissed "with prejudice" usually means the end of... View More

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3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Will a NY court modify custody for teens under parental objections?

I have primary custody of my 14 and 16-year-old daughters, with a visitation schedule for their dad that was established in 2016. This includes every other weekend and one midweek overnight. Now in high school, the girls find the midweek disruption stressful due to changing schedules involving... View More

Stephen Bilkis
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answered on Sep 22, 2025

I understand how stressful it can be to manage teenagers’ busy schedules while also trying to respect an existing custody order. It is especially difficult when your children themselves are asking for a change, but the other parent refuses to cooperate.

In New York, custody and visitation...
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