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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Domestic Violence for New York on
Q: I am not certain what type of lawyer I need. I am trying to attain a limited order of protection and theft

I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 14, 2021

Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for New York on
Q: Can a summons be dismissed if a claim was submitted to a civil court,instead of small claims(as directed in contract?)

The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.

The service... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 9, 2021

A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.

1 Answer | Asked in Civil Litigation for New York on
Q: what kind of lawyer specializes in fighting against the city to fix something?

have proof that the issue is in the city sewer pipes from a certified plumber and they are stating it is homeowners responsibility to fix it.

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2021

It sounds like something an experienced civil litigation attorney should be able to handle. If they have experience in dealing with municipal agencies such as water, building, environmental, etc., that could be helpful. Good luck

1 Answer | Asked in Civil Litigation for New York on
Q: How do you submit a waiver of statue of limitation to the judge?
Toshinori Isoai
Toshinori Isoai
answered on Nov 15, 2021

Are you the defendant or plaintiff? More contexts will be needed for a decent answer to your question.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2021

In terms of the funding for the second necessary surgery, one option could be to look into public health agency coverage. In terms of the declaration of a permanent disability by your orthopedic surgery, that could be something to explore further with an attorney who handles disability claims. In... Read more »

1 Answer | Asked in Contracts and Civil Litigation for New York on
Q: how do I find complaints online

I need to find a complaint for a law class

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2021

If you search for summons and complaint, you should be able to see a number of standard formats used. You could also check unified court system records or other legal data bases for actual pleadings from cases. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Legal Malpractice and Probate for New York on
Q: I’m looking to have a revival or waiver of a statue of limitation and I have some questions. Hope you can help.
Roy Warner
Roy Warner
answered on Oct 27, 2021

There is no question to answer.

Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.

The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: SELLER and Buyer sign Purchase Agreement for sale of real Estate. Seller dies prior to executing Deed.

Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

Yes it is. But, it depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Can you sue someone who broke a contract on a private sale of a house.

They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 14, 2021

If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: Court of Claims NY, can Claimant not testify in own case to avoid cross-examination?

I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 6, 2021

I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: What can I do if my neighbor keeps threatening us by killing or shooting us? He harasses us all the time.

We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.

Kimberly A. Van Wormer
Kimberly A. Van Wormer
answered on Oct 4, 2021

You can call the police and make a complaint.

2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... Read more »

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Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi
answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for New York on
Q: Workers compensation.

How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2021

This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... Read more »

2 Answers | Asked in Civil Litigation, Intellectual Property and Small Claims for New York on
Q: I’m NYS, and I was gifted a car, given signed title, and letter

Now they want the car back how can I transfer the title

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 3, 2021

You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »

Michael David Siegel
Michael David Siegel
answered on Jul 22, 2021

If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.

1 Answer | Asked in Civil Litigation for New York on
Q: Hello. Almost 10 years ago I handed my co-op manager a check for $350 in order to add wife’s name to proprietary lease

He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... Read more »

Michael David Siegel
Michael David Siegel
answered on Jul 9, 2021

The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

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