Get free answers to your Civil Litigation legal questions from lawyers in your area.
In a Decision and Order in an Article 78 case, the court granted respondent's Cross-Motion to Dismiss my Petition for failure to state a cause of action and, apparently sua sponte effectively converting the Cross-Motion into a motion for summary judgment, denied the Petition, as well, without... View More
Supreme Court Civil. New info I have which has a positive influence on clearing a title issue I do not believe is being relayed to buyer title company, which is holding up resolution of title issues, although such new info was given to court transactional attorney appointed to conduct sale and to... View More
answered on Jan 11, 2019
You can call anyone you want. It is America. However, title insurance is complex, and not the kind of case that lends itself to pro se representation unless you know what you are doing.
answered on Jan 10, 2019
Only if it is a judgment from the US government. If it is a regular judgment it is possible, but VERY unlikely that the creditor has levied a tax refund.
answered on Jan 8, 2019
Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.
I tried to correct a birth certificate but received a denial letter from NYS Dept. of Health saying I need a supreme court order. The letter is dated 11/5, is there a statue of limitations?
answered on Jan 8, 2019
While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. /... View More
My Husband got papers from work in December 6, 2018 from work it states:
He didn't sign for any papers.
The papers went directly sent to work only.
He was accused of sexual harassment in October 31 2017. He was suspended from work for 2 months and returned to work in... View More
We live on a private road which is a deeded right of way for ingress and egress for all property owners. Since approximately 1975 there has been Road dues collection to pay for the upkeep on the road. In the late 1990’s the property owners by majority vote decided to raise the dues to $100.00... View More
answered on Dec 29, 2018
You can sue. Sounds like a small claims case against each owner.
answered on Nov 24, 2018
It can depend on the complexity of the case. Sometimes it is a simple matter of responding with the who, what, when, where, etc. If the matter is a complex or highly contentious one, an answer (and subsequent pleadings) can reflect that in their complexity. An experienced attorney who regularly... View More
I won summary judgment on liability for a suit arising from a motor vehicle accident.
At the jury trial 2 years later, I won and was awarded $180,000.
How I collect payment? Do I make some sort of written Demand, or am I supposed to execute a stipulation of discontinuance in... View More
answered on Nov 21, 2018
Your lawyer should have the money. You do not sign anything. If there was insurance, it would have been paid already. Something is not right here.
I'm a Plaintiff in a Personal injury case (negligence to bee precise). My attorney is trying to withdraw as my counsel because I won't sign a Power of Attorney which he has mis-characterized as a HIPAA compliance form probably not to have to consult with me on major decisions such as... View More
answered on Nov 21, 2018
The OSC will likely be granted. Under the CPLR, you have 30 days to get new counsel. The case will be stayed for that time.
Next month Dec. will make 2 years since defendant and I was in front of bench for a civil litigation course. I learned beginning the following January 2017, the judge began their new role with supreme court. Over these past 2 years, I've sent letter to the judge requesting review and... View More
answered on Nov 12, 2018
Write the Chief Administrative judge for the court you are in. From your post it is unclear.
answered on Nov 10, 2018
In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.
Tim Akpinar
I called the court 5 times, the only extension that picked up was lobby security.
answered on Nov 9, 2018
They can be seen if you order the file at the court. It is not online.
I worked as a freelance software developer for a small game studio for the past 10 months. The first 5 months was voluntary work as the product was not making any significant amount of money. After that, I was paid approximately $1000 per 40 hours of work for multiple payments (no invoices, just... View More
answered on Nov 6, 2018
You are out of luck because you accepted $600 for the time you worked and did not work after that time. Oral contracts are enforceable, and texts can substantiate a contract, but from what you posted you retained no interest in your Code. There is nothing in your post that substantiates that you... View More
Judge Desmond Green ruled that a 3020 hearing cannot proceed unless charges were decided by the Panel for Education Policy (PEP). I was fired in 2016 after a 3020 hearing where my principal found probable cause and not the PEP. Can I challenge this?
answered on Nov 6, 2018
Seek a NYC education lawyer possibly from NELA NY's list of attorneys or the New York City Bar Association lawyer referral service. You want an attorney who is close to an expert on New York City Education Law which is highly technical. Good luck.
Can they sue again if the SOL is past. The alleged debt is from 2011. The SOL in NY is 6 years and the Chase credit card is based in Delaware where the SOL is 3 years. Do they Toll the SOL limitations from when the action was started with "Sewer Service" in August 2013 - Default Judgment... View More
answered on Nov 1, 2018
No. The SOL bars another case at this late date. There is no tolling.
Need fee waiver also. Bergen County said I can’t file for it because ai don’t have NJ docket number. Can’t get that without paying. Catch 22
answered on Nov 1, 2018
You take a certified copy of the New York judgment to the Clerk in Trenton. New Jersey judgments are docketed on a statewide docket, not county by county. There is a small fee on both sides.
answered on Oct 30, 2018
Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been... View More
This credit card had a zero balance and was supposed to be closed at the time of the divorce by my ex, (yes, my fault for not checking).
18 months later, $3,500 was charged by my ex and they are not making monthly payments. The ex acknowledges the debt is theirs. Claims they didn't... View More
answered on Oct 8, 2018
The key line of your post is your fault for not checking. As to the bank, you have to pay. As to your ex, if you are named in a bankruptcy as a creditor for this debt, it will be a discharged claim, and you cannot sue your ex.
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