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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Products Liability and Small Claims for New York on
Q: I bought several computers from a person in NJ.

I bought several computers from a person in NJ. He assured me over the phone and over text that 3 of the 4 computers were fully functional. After receiving them...none of the computers worked and they looked like they had come out of the garbage. I paid him $850. I live in NYC.

Michael David Siegel
Michael David Siegel
answered on Feb 3, 2018

You can sue in small claims in NJ or NY but collection is a definite issue.

1 Answer | Asked in Civil Litigation and Appeals / Appellate Law for New York on
Q: Where can I file an appeal on the judge's order on a motion (civil court, local, NY)?

Judge decided on a motion without listening to any of my arguments and constantly talking to an opposing attorney. I believe the order is erroneous and would like to file an appeal.

Please let me know where can I file an appeal?

Michael David Siegel
Michael David Siegel
answered on Jan 31, 2018

The Appellate Term of the Supreme Court. You did not say which county in NYC, so I cannot give you the address. The Clerk can tell you.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: How do I evict a roommate, who is not on the lease and just went "incommunicado" after a week?

I told him from the very explicit, starting public post on craigslist we would both sign an agreement. I never cashed his money order waiting for him to do so, but he hasn't come back, nor has he called me back or replied to my various email messages. I want to give him back his money in full... View More

Michael David Siegel
Michael David Siegel
answered on Jan 25, 2018

You don't. What is his default?

1 Answer | Asked in Civil Rights, Civil Litigation and Consumer Law for New York on
Q: Hello I bought a used car a year ago, i was arrested because the police said I had improper tags(photo copy) can I sue?
Michael David Siegel
Michael David Siegel
answered on Jan 22, 2018

Sue who? You are supposed to get new plates when you buy a car.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Litigation for New York on
Q: Requested to see a judge in small claims but was sent to an arbitrator who I believed was a judge. Now I cannot appeal

Filed a small claims suit (Queens County-NYC) and requested to see a judge as I did not want my case to be tried by an arbitrator. I was then told that it would take a few court dates if I want to only see a judge. That did not deter me and I insisted on seeing judge and was sent home with a new... View More

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

There is nothing you can do. They make a speech about arbitration and by the court in the beginning, and that speech is the same in every court. No one will believe you.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: A pipe broke in my apartment while I was out of town. LL charging me for the damage. Heat set to 58 while I was gone.

The leak was noticed by neighbor who shares a wall. Her apt also wet. The pipe was in a pony wall between our kitchens. LL charging me for new Pergo floors for both apts even tho the floor looks the same as it did once water removed. What are my rights? LL says first that heat was turned off by... View More

Michael David Siegel
Michael David Siegel
answered on Jan 11, 2018

If you have insurance make a claim. If you do not, state this information in this post in a letter, and refuse to pay. You might be sued. Also, make a claim for your damage in writing as well to the landlord, and you can sue them.

1 Answer | Asked in Civil Litigation and Probate for New York on
Q: who is the rightful heir?

My sister Karen was left everything in her significant others will when he passed on 11/27/17. Her significant other chose to leave his son out of the will. My sister passed on 12/27/17. We still don't know hos she died. She was only 54. She has 2 children. Who should be able to be her heirs?... View More

Michael David Siegel
Michael David Siegel
answered on Dec 29, 2017

This is a complex issue as the deaths were close. Karen's kids are her heirs by law. They should fight for the estate. It is their legacy.

1 Answer | Asked in Civil Litigation and Immigration Law for New York on
Q: I am allowed to travel once I get married and re-enter with my F1 to continue my classes if I didn't change my status?

I have a student visa and my boyfriend is an American citizen. We plan to get married in January and travel to the Caribbean for our honeymoon.

Leonard R. Boyer
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answered on Dec 29, 2017

Things do not work that way. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: Is a personal guarantee on commercial lease nullified if partner agrees to stip. of jgdmnt to pay, without my knowledge?

I was not named in the legal proceedings that resulted in a stipulation of judgment where my partner agreed to pay rent arrears. 2 years after that fact I found out about it; the partner never paid, and Landlord is going after me now as one of the personal guarantors. I was not an active member... View More

Michael David Siegel
Michael David Siegel
answered on Dec 20, 2017

It depends on the terms of the guarantee, but if the usual form, you are liable.

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Am I entitled to damages from a mgmt co that was negligent for over 2 years to cut me a check for equity?

After my grandmother passed away, i sold the apt back to management and was told i would receive the equity once they sell the apt. RECENTLY I found out the apt, in a Mitchell Lana blg. was sold in may of 2015! Had I not reached out to inquire about it, they would have never cut me a check. Are... View More

Michael David Siegel
Michael David Siegel
answered on Dec 18, 2017

Do you have letters from the Surrogate's Court? If not, you are at fault.

1 Answer | Asked in Civil Litigation and Real Estate Law for New York on
Q: IS a real estate management company OBLIGATED to inform tan individual of when a property is sold and equity is due?

After my grandmother passed away, i sold the apt back to management and was told i would receive the equity once they sell the apt. RECENTLY I found out the apt, in a Mitchell Lana blg. was sold in may of 2015! Had I not reached out to inquire about it, they would have never cut me a check. Are... View More

Michael David Siegel
Michael David Siegel
answered on Dec 6, 2017

How could your apartment be sold without you consenting? Did you refuse to buy it in a privatization?

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Neighbor started moving power/cable from existing easement. They're now divorcing. Can I force completion/end easement

They also cut our driveway and have not repaired, it's been over one (1) year.

Michael David Siegel
Michael David Siegel
answered on Dec 4, 2017

Yes. It requires a lawsuit.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for New York on
Q: Lived in side apt. in a legally single family home (ground flr not cellar/basement.) Can landlord sue for back rent?

Had many issues here including a flood (broken sink pipe) within 30d of move-in where she never did nor allowed cleanup of the carpet or mold.

Had no power (elec.) to most of the apt. for 9 mos (incl. a dark outdoor walk / approach due to "someone" breaking the light bulbs.) She... View More

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2017

You cannot be liable for back rent in an illegal apartment, but you cannot stay there either, so you will be evicted.

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New York on
Q: What recourse do I have if I've received a letter from a law firm that falsely accuses me of something?

The letter is from a law firm representing a school district superintendent. After a meeting in which she invited me into her office, she sent a letter saying that she was fearful and that I threatened her staff. I did neither of these things, and in fact waited politely while the secretary... View More

Michael David Siegel
Michael David Siegel
answered on Nov 21, 2017

You need to write a responsive letter to correct the record. There is nothing else you need to do now, unless there are other consequences.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: I own a 3 family building I have one tenet on the top floor that complains about mice the other 2 tenets do not

Section 8 has refused to pay me my rent for the mouth because the Tenant complains about mice even though I have had to build exterminated by a professional every mouth I think about taking them to court to collect my read is that a wise decision or not

Michael David Siegel
Michael David Siegel
answered on Nov 16, 2017

If you want to get paid, it is your only choice.

2 Answers | Asked in Civil Litigation and Probate for New York on
Q: My mom passed away in December of 2016 while cleaning out her stuff I discovered that she took out a life insuranceonme

I also went to have it turned over in my name since my mom didn't have a will do you know how long it takes for the probate to send me that paper so that I can just cash out that insurance

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2017

Your question is unclear. Are you the beneficiary of a policy on her, or is she the beneficiary of a policy on you? Also, no one sends you anything. You have to move forward and do something. I would need to see what you found.

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2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband... View More

Barry E. Janay
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answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.

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1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Do I have a case to sue if a mover from a moving company i hired defecated in the lobby of my new building?

I have surveillance video of him going into the corner but not him actually doing it.

Barry E. Janay
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answered on Oct 9, 2017

That's disgusting, but no, you need to clean that shit up and maybe contact the police about a public indecency charge. Notify the moving company so that they can take appropriate discipline against this employee.

2 Answers | Asked in Civil Litigation for New York on
Q: can I find information on motions my attorney has made, or on dates motions are due by?

I feel that my attorney has made several possible mistakes on my case, and I wanted to find out if there was a way I could see for myself, online, the steps and motions she has made, and the dates they were made, or must be made by in the future.

Michael David Siegel
Michael David Siegel
answered on Oct 5, 2017

Go to the court and see the file.

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2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: If I waive my right to sue my employer in New York State, but evidence later emerges I was not aware of that I was

was wronged, can I still sue despite the waiver? I've been offered a buyout, but they want me to waive the right to sue for any and all past actions. I'm concerned about defamation, harassment, and emotional distress.

Barry E. Janay
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answered on Sep 28, 2017

You cannot sue unless they deliberately and/or fraudulently withheld the information from you about the right to sue. That said, it still wouldn't be a clear cut case and possibly an uphill battle. Knowing more about the context here would be helpful, please feel free to reach out to me... View More

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