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New York Civil Litigation Questions & Answers
2 Answers | Asked in Employment Law, Appeals / Appellate Law and Civil Litigation for New York on
Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?

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

Michael David Siegel
Michael David Siegel
answered on Jan 12, 2019

CPLR 2219 on motions. It is required.

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1 Answer | Asked in Civil Litigation for New York on
Q: As Pro Se Defendant what right do I have to speak to title company on buyer's side to inform of property info?

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

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Civil Litigation for New York on
Q: I have a civil judgement on me and I have no income. If I file taxes with my wife filing jointly can it be taken?
Michael David Siegel
Michael David Siegel
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.

3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service
Barry E. Janay
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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.

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1 Answer | Asked in Civil Litigation for New York on
Q: Statue of Limitations for Article 78

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?

Barry E. Janay
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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

2 Answers | Asked in Civil Litigation, Health Care Law and Sexual Harassment for New York on
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?

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

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2019

I would need to see the papers to answer the question.

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1 Answer | Asked in Civil Litigation and Land Use & Zoning for New York on
Q: Where can I find settled case law for maintenance responsibility for an easement or deeded right of way in NYS.

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

Michael David Siegel
Michael David Siegel
answered on Dec 29, 2018

You can sue. Sounds like a small claims case against each owner.

1 Answer | Asked in Civil Litigation for New York on
Q: How much money can I sue someone in small claims court?
Michael David Siegel
Michael David Siegel
answered on Dec 7, 2018

In Troy, $3000.

1 Answer | Asked in Civil Litigation for New York on
Q: Is there a standard to how long an answer to a complaint should be?
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation for New York on
Q: After a jury verdict awarding a sum of money, 2 years after a motion granted liability, how do I collect from deft?

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

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Civil Litigation for New York on
Q: How do I answer an Order to Show Cause why my attorney should NOT be allowed to withdraw as my counsel? Is there a form?

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

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Civil Litigation for New York on
Q: Motion or other process to request judge to review case after long wait

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

Michael David Siegel
Michael David Siegel
answered on Nov 12, 2018

Write the Chief Administrative judge for the court you are in. From your post it is unclear.

1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Q: Do different types of product defects come with different amounts of damages you're able to recover?
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: Re: Cases decided NY Supreme Appellate Division, Second Dept (2013) Can all the pleadings and motions be seen?

I called the court 5 times, the only extension that picked up was lobby security.

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2018

They can be seen if you order the file at the court. It is not online.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Can I sue someone for not paying me even if there was no written contract in place?

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

Michael David Siegel
Michael David Siegel
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

1 Answer | Asked in Employment Law and Civil Litigation for New York on
Q: Is NYC violating Education Law 3020 when they charge teachers without bringing charges to an Executive vote ?

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?

V. Jonas Urba
V. Jonas Urba
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.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: If you win a Traverse Hearing against Midland Funding for no service and the default Judgment is Vacated in NYS

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

Michael David Siegel
Michael David Siegel
answered on Nov 1, 2018

No. The SOL bars another case at this late date. There is no tolling.

1 Answer | Asked in Civil Litigation for New York on
Q: How do I make a Bronx County judgement good in NJ to sue a Bergen county resident?How do I do this.

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

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed
Jonathan David Warner
Jonathan David Warner
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

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Debt incurred by ex on a joint credit card that was supposed to be closed. They stopped paying. What recourse do I have?

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

Michael David Siegel
Michael David Siegel
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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