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New York Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation and Criminal Law for New York on
Q: Organized Crime in Uniform

Threaten my family to consent for ease-dropping. What is my option?

Barry E. Janay
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answered on Sep 25, 2017

If you are being threatened by a public official you need to contact the Attorney General of the State of New York immediately to report this.

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3 Answers | Asked in Business Law and Civil Litigation for New York on
Q: Sue for beach of fiduciary duty in foreign-registered state of business?

I'm a shareholder in a Delaware corporation, but their headquarters is foreign-registered in another state. Our shareholder agreement stipulates "Governing Law" to be Delaware. Can I sue for breach of duty to loyalty in a state where they are foreign-registered, either New York or Oregon?

Michael David Siegel
Michael David Siegel
answered on Sep 25, 2017

Choice of law is not choice of forum, which can also be selected by agreement. Thus, if document is silent, you can sue in NY.

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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I make payments on my girlfriends truck out of my account.

Payments were made from my sole account. After we broke up , she now wants to surrender the truck to the lender (loan in her name). Can I take her to small claims court to recoup the monies paid towards the loan as I now have equity in the vehicle ?

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 22, 2017

Unless you made an agreement regarding those payments with your ex, and you can prove it, you likely won't have any claim.

3 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Can I find an old case in Queens NYC small claims court?

It was a missed court date and want to know if a judgement was entered

Michael David Siegel
Michael David Siegel
answered on Sep 15, 2017

If you have the index number you can call the clerk.

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Can I record video-record a constituent meeting involving me and legislative staff at my congressional office?

I have requested a constituent meting with legislative staff at the congressional office of a U.S. Representative. The office has declined to allow me to video-record the constituent meeting. As this is a publicly funded, taxpayer-subsidized office, am I within my congressional rights to record the... View More

Barry E. Janay
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answered on Sep 11, 2017

Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).

In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to...
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2 Answers | Asked in Civil Litigation for New York on
Q: If I win a money judgment, how quickly can I expect to be paid? What if the other party appeals?
Barry E. Janay
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answered on Sep 6, 2017

It's on you to enforce the judgment, you can do this by issuing information subpoenas w/ restraining notices to banks.

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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for New York on
Q: Is prearrest questioning filmed, if you were not informed?

Wondering how to prove something was said when questioned but have no statements or anyway to prove I did not say what an officer has told others was said

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

During discovery, you may request a copy of all records of the arrest. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for New York on
Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

my dad and i have a joint accnt from when i was 17 and has never participated in my account, never made any deposits/withdrawals/anything, only upon my request to take out cash for me sometimes when i needed, his participation was just to accompany a minor in opening an account and purely for... View More

Leonard R. Boyer
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answered on Aug 16, 2017

Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

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3 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Small Claims for New York on
Q: Someone who put a phone on my account refused to pay her part of the bill and has left me with an over $400 bill!

She sent me texts complaining about not having money and needing a phone so I offered to help and she said she would pay her half of the bill then went to Verizon and bought a new phone with me there. Then lost her phone and went and bought another brand new iPhone and raised the bill to well over... View More

William C. Head
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answered on Aug 14, 2017

Treat this as a valuable life lesson. Cut off that phone, asap.

Then, if you have the time, sue her in small claims court.

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1 Answer | Asked in Civil Litigation, Civil Rights, Consumer Law and Real Estate Law for New York on
Q: My son advised me when I was over 70 yrs old that if I financed an extention on his house it would be better than

living alone and he would take me as a dependent and I would have place for life NOW he says he is selling house and I have to move I am 84 and living on SS What should I do? I spent over 70K for the addition!

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 13, 2017

Proceed with caution. Obviously there are none facts here for me to get a full answer, but I would look at the nature of your relationship with your son, your current living situation, and the present status of your son loan on said property.

If you would like a free consultation you may...
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1 Answer | Asked in Civil Litigation for New York on
Q: I was told from a former colleague that some guy came into my old job and tried to serve me papers

I was told from a former colleague that some guy came into my old job and tried to serve me papers. I have no idea what this could be about. Who or where can I call to find out who is trying to serve me? I have about $6000 in credit card debt that I make min payments on, nothing too crazy or... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

This is too vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: My wife and I were married over 14 years. We both have adult children. We are in our 80's. I moved into my wife's house

After we married, renting out my own house. We acquired a large shed and carport during our marriage. My wife's home was transferred into her kids names years ago. My wife passed away and I am in process of moving back to my own home. I want to take the carport and shed to my home and her... View More

Barry E. Janay
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answered on Aug 7, 2017

If there part of the real property (i.e. an improvement) then likely "no" if they are personal property, then your wife's estate is entitled to 1/2 of their worth meaning you split it 50/50 with the children. Just make a deal with them that is fair.

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Do we have a chance of winning a small claims court case

Son gave keys to friend to remove book bag from vehicle that he left there. Friend decides to take vehicle for a ride without permission. In possession of the vehicle he blows the motor. He admits on police report that he use the vehicle without permission do we have a case

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

Yes, but you are going to have to prove the damages with invoices from the mechanic that repaired it.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Landlord - Tenant for New York on
Q: are there any laws that protect me from harassment against doorman provided by landlord in my apartment building (nyc)?
Barry E. Janay
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answered on Jul 31, 2017

Yes, you can get a cease and desist or file a criminal complaint if you feel threatened.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for New York on
Q: Hello, I'm a IC and another IC person went to my truck to take parts from it, can I call the police to press charges ?
Barry E. Janay
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answered on Jul 31, 2017

Limited facts, but yes, it sounds like he stole your personal property.

1 Answer | Asked in Civil Litigation, Consumer Law and Employment Law for New York on
Q: Hello i am inquiring about an issue my girlfriend had with planet hollywood in Las Vegas. They had a photographer alter

her facial structure and skin tone, eyes, lips etc.. we have the photo. she suffers from drpreasion and anxiety. She was very upset. planet hollywood has done nothing to the employee. the emplyee works for a photography company that planet hollywood uses. what can we do?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

Are you in NY? What damage has she suffered? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

3 Answers | Asked in Civil Litigation for New York on
Q: Extension of Time to Reply to Complaint

Hi. I filed a civil complaint in NY Kings County Supreme Court. The defense attorney requested a 60 day extension of time to reply to the complaint. The complaint and summons were properly served and they have 20 days to reply. No RJI has been filed and no judge has been appointed to the case.... View More

Barry E. Janay
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answered on Jul 19, 2017

You can decline, but it is very common and part of normal courtesy to give one adjournment. If you want you can get something in return like asking them to "waive any jurisdictional defenses," that's usually what I do when I'm in a situation like the one you described.... View More

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2 Answers | Asked in Business Formation, Civil Litigation and Employment Law for New York on
Q: I currently work for a non-profit organization in Iraq, and the ngo would like to open a branch in the USA, can we?
V. Jonas Urba
V. Jonas Urba
answered on Jul 19, 2017

With the internet essentially anyone can open "branches" anywhere. It depends on what you mean by a branch.

I think you are asking more of an immigration or temporary work visa question regarding who "might possibly" be permitted to travel to a new physical location in...
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1 Answer | Asked in Civil Litigation for New York on
Q: How do I request the ability to file a Sur-Reply to my attorney's reply to the Court?

Judge adjourned a decision on attorney request for withdrawal pending attorney's request to Reply to my Opposition. I do not know what his reply entails as I have not yet received a copy. Is it the kind of thing that I can and should reply to if the attorney is stating misinformation? Is it... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

Typically such additional replies are discouraged, and you may have to petition for permission to do so. Consult with the rules of court in your particular court re: that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant, Libel & Slander and Municipal Law for New York on
Q: My neighbor has verbally threatened to make false child abuse allegations because I made a complaint abt her dog.

We rent a condo in NYC (since July 2016). The landlord is amazing and we have had no problems whatsoever….until new tenants moved upstairs (both condos are owned by my landlord). Long story short they have a dog that barks uncontrollably when left alone. These tenants work all day so this... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

You can report the noise to the police and the landlord. If they defame you, you can sue for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More

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