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New York Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: Will I be criminally charged?? What to do? Please help!!

I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.

Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... View More

V. Jonas Urba
V. Jonas Urba
answered on Feb 6, 2020

An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... View More

1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I am Italian but I have a curiosity about American law

I am Italian but I have a curiosity about American law: In Italy, when someone is the person damaged by the crime who intends to assert his claim for compensation or restitution before the criminal judge, he becomes a civil party. How does it work in America?

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2020

Your question bridges two areas of practice under U.S. law. You ask about restitution. That is a remedy provided for under criminal law, where the criminal must pay the victim for losses they caused (medical expenses, lost wages, property losses, and others). There are also crime victim... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: How to sue casting website in theatre for damages of restraint of trade by stopping ad, relying on false information.

Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jan 7, 2020

Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the... View More

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New York on
Q: I had family court trial, I was without counsel..i lost custody of child. can I file while the court deliberats?

I was wrongfully placed in injuction unable to even respond, however I feel as if the judge disagrees with the extreme financial inequality, and perhaps waiting for me to either respond or at least give my side, and truthfulness of the matter.

John Anthony Pappalardo
John Anthony Pappalardo
answered on Dec 3, 2019

You need an attorney ASAP

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1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: Can an appointed trustee destroy the trust property given to him? If given promissory note, is he liable for face value?

A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... View More

Nina Whitehurst
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answered on Nov 15, 2019

A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... View More

Michael David Siegel
Michael David Siegel
answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin
answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Civil Litigation for New York on
Q: How long after asking a court for dismissal, do defendants get to present their reasons for dismissal to the judge?

I have brought a civil court case to Supreme Court

i am trying to sue for damages.

The defendants have asked the court for dismissal, how long does the Defense get to present their reasons or evidence for dismissal to the judge?

The reasons for the Motions to dismiss are 1)... View More

Michael David Siegel
Michael David Siegel
answered on Oct 23, 2019

It is very hard to do a pro se case in Supreme Court, especially a complex commercial case. I am not even sure you commenced the case correctly, but if you did, they can move to dismiss without answering in the time to answer (which is counted differently depending on how service was made), or... View More

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Litigation for New York on
Q: Who gets the dog and what are my rights?

A friend and I have been sharing a dog for about 2 1/2 years. She originally got the dog but I mainly takr care of the dog. I watched the dog more, trained, groomed him. She moved quite often and the dog was alone which is how I ended up with the dog so much. I would watch the dog for months at a... View More

Benjamin Z. Katz
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answered on Oct 20, 2019

It sounds like you both potentially can claim ownership. However, based upon what you indicated, you probably have a stronger claim. The two of you can agree who is the true owner through a written agreement. If not, the Courts may have to decide for you if there is a dispute in the future.

2 Answers | Asked in Civil Litigation for New York on
Q: There is a judgement against me, but I was improperly served. How can I get the judgement vacated?
Michael David Siegel
Michael David Siegel
answered on Oct 15, 2019

You need to bring an order to show cause and prove improper service and a meritorious defense to the underlying case. How hard this is depends on which court entered the judgment.

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1 Answer | Asked in Civil Litigation for New York on
Q: I live in New York state and I have some people living in my home it is a one-family I want them out do I need 2 evict

I was engaged to be married to a woman that I had living with me her brother and his wife we're losing their apartment and she asked if they could move in temporarily. Temporarily has turned into a year-and-a-half ordeal my relationship with the woman has ended 6 months ago and her brother and... View More

Michael David Siegel
Michael David Siegel
answered on Oct 11, 2019

Yes, you must do a legal eviction.

2 Answers | Asked in Civil Litigation, Divorce, Personal Injury and Federal Crimes for New York on
Q: i was married on 4-25-2014 and my wife is and correction officer who had her job or her job had her put me in dummy

book against my will they came into my house on 11/19/2014 pull a gun out on me because i was video taping him asking him what reason did he just enter into my home he states i was call long story short they took me out my home and tried to kill me in a public hospital with hand cuffs on behind my... View More

Gary Kollin
Gary Kollin
answered on Oct 7, 2019

Firtst, you wrote in a run on sentence so it is not clear what you wrote

I have no idea what a dummy book is

Second, stop making public statements

Third, if you want a lawyer, then call one.

Do not expect lawyers to respond to your public announcement

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1 Answer | Asked in Civil Litigation for New York on
Q: NYS nfp Corp pres resigned and is refusing to turn over records
Michael David Siegel
Michael David Siegel
answered on Sep 4, 2019

Records belong to the not for profit. Where are they? It may be a criminal taking and the police would help.

1 Answer | Asked in Civil Litigation for New York on
Q: Is there a time limit to request an item for discovery after an action has been commenced and sceduled for trial?
Michael David Siegel
Michael David Siegel
answered on Sep 4, 2019

Yes. But it depends on the court (Supreme, Civil) and the trial date.

1 Answer | Asked in Civil Litigation for New York on
Q: How do I go about removing inaccurate info on my credit report.

Payments made on a legal agreement through the courts were paid in full, but the courts never reported to the credit bureaus that they were paid.

Michael David Siegel
Michael David Siegel
answered on Aug 28, 2019

Court stuff cannot be done with the credit bureau directly. A satisfaction of judgment needs to be filed by the judgment creditor. If it is criminal restitution, call the clerk.

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for New York on
Q: Can cps call and harass me after they have already found the case unfounded and closed my case? I feel its personal now

My girlfriends ex boyfriend has been been harassing me for years. He recently started making false reports to CPS. We just had a ninety day open investigation and they found the case to be false and unfounded. Now they have started calling my girlfriend again and requesting to come over and get a... View More

John Anthony Pappalardo
John Anthony Pappalardo
answered on Aug 26, 2019

Within reason it is always advisable to cooperate with CPS

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1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on
Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed... View More

Michael David Siegel
Michael David Siegel
answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on
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?

Tyler Fredrickson
Tyler Fredrickson
answered on Aug 7, 2019

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... View More

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
Charles Joseph
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Charles Joseph
answered on Jul 24, 2019

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,... View More

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