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New York Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation and Libel & Slander for New York on
Q: A local town police officer has continually told my girlfriend I have gps tracking on her can I sue for defamation

He is also pursuing her sexually while try to erode our my relationship with my girlfriend by telling her I track her with gps. He is undermining her trust in me. All while on duty he comes to her work and I personally see it as harassment . She does not because she thinks he is "her... View More

Barry E. Janay
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answered on Jul 17, 2017

This definitely would make for an interesting slander case against the officer and potentially the police department since he is arguably abusing his position as a police officer. Email me privately if you want to discuss further.

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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for New York on
Q: How Do I impose a $100 fine on plaintiff who refuses to file satisfaction of judgment

I live in New York. I was a defendant in a small claims case and I lost. I paid the plaintiff over two years ago. I wrote and asked her to please file a satisfaction of judgment and she wrote back refusing. I have looked up the law and have learned that I can impose a $100 fine on her for not... View More

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

You need to make a motion in the small claims court.

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2 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: Serving by Cert Mail Return Receipt, can I myself mail the Affidavit of Opposition to my attorney's withdrawal OSC?

I am getting mixed answers from the Court's website and from the Court itself. I am a defendant and my attorney is requesting to withdraw. I received the Order to Show Cause and I want to oppose by Affidavit In Opposition. I was told that I myself can mail by Cert Mail Return Receipt the... View More

Michael David Siegel
Michael David Siegel
answered on Jul 9, 2017

You can sign it.

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2 Answers | Asked in Consumer Law, Business Law and Civil Litigation for New York on
Q: Is a used car dealership operating as a DBA required to have a lawyer in a lawsuit

I recently purchased a used car from a used car dealership for $11,418 and the transmission went 2 weeks later and there saying that at the time of purchase there was 125,144 miles on it but I didn't receive any of the paperwork for the car until 4/18/17. Also after I made my initial down... View More

Barry E. Janay
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answered on Jul 5, 2017

a d/b/a is not a corporation or business entity, as such the owner can be held individually liable and there is no separate entity that would require a legal representative, in short he or she would not have to have a lawyer.

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3 Answers | Asked in Contracts and Civil Litigation for New York on
Q: What is the process for when an attorney files an application to withdraw?

My attorney sent me a letter informing that the next day (24-hours later) he will be filing application to withdraw. (I live out-of-state.) His letter stated that all parties and attorneys will have the opportunity to appear and respond at that time, or it will be submitted for signature with no... View More

Michael David Siegel
Michael David Siegel
answered on Jul 2, 2017

You are part right and part wrong. The attorney files an Order to Show Cause served on you. You can object, but there are few grounds to force an attorney to stay in a case. Fees are a separate issue. If the motion is granted, you will have 30 days to get a new lawyer or appear yourself. After... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: (a) What type of court should I file a suit in? (b) What type of suit should I file?

I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed a very simple LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 28, 2017

It depends on whether your desire to back-out is covered by the escrow agreement. Have a lawyer review it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Civil Litigation for New York on
Q: If I file a NY or FL suit to get escrowed funds after seller files a FL suit for same reason, will my suit be dismissed?

I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed an LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an escrow agent,... View More

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

You must sue in FL. As a suit is already there, you need to answer and counterclaim in the suit that exists.

3 Answers | Asked in Contracts, Business Law, Civil Litigation and Mergers & Acquisitions for New York on
Q: (a) Can I use NY as venue for a suit? (b) What type of court should I file in? (c) What type of suit should I file?

I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed an LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an escrow agent,... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jun 28, 2017

Under the Letter of Intent does it state what states law and jurisdiction shall apply? if it says FL then you must file in FL. If it is silent, then the issue is do you fulfill the long-arm statute for NY. If you file in New York and the Court decides it does not have jurisdiction you will have... View More

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3 Answers | Asked in Civil Litigation, Foreclosure, Real Estate Law and Elder Law for New York on
Q: Q1.If the mortgagor dies in 2009, and the mtg contract is due, but the lender does nothing. Is that deemed accelerated?

Q2. If the lender servicing agent states in writing, it has referred the home to foreclosure, is it accelerated?

Q3. And if so does subsequent communication also deem the loan status accelerated?

Barry E. Janay
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answered on Jun 22, 2017

The answer unfortunately is that it depends on the language in the mortgage.

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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for New York on
Q: could i sue my employer(contractor) for eavesdropping without my consent?

Brooklyn, NY-- i believe It's a felony.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 9, 2017

There might be an invasion of privacy issue here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Appeals / Appellate Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: If a US Court of Appeals accepts a case in appeal in error and renders a judgment what is its effect

The CA affirmed and the S. Ct denied cert, but the lower court later amended the judgment as a clerical error. What is the effect of such a judgment

V. Jonas Urba
V. Jonas Urba
answered on Jun 6, 2017

Only one court has jurisdiction of a case at any one time.

If all the appeals and cert. Denial occurred before the lower trial court amended due to clerical error then courts retain jurisdiction to amend for good cause. It was their case to begin with.

If the lower court did it...
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2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for New York on
Q: How long can we stop statute of limitation?

Hello.

I got injured during work and the employer promised me to pay for medical fee etc.

It has been 10 years but I have not got paid.

Also, the employer committed various misconducts which their attorney insisted that the statute of limitation was over.

(I filed... View More

Barry E. Janay
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answered on Jun 5, 2017

1. A promise to compensate doesn't toll (extend) most statutes of limitations.

2. Injuries on the job are usually handled by the Workers Compensation Tribunal

3. Under NY's workers compensation statute you have 2 years to file a claim.

3. If you previously...
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3 Answers | Asked in Civil Litigation for New York on
Q: Is there a specific order I need to file claims if I plan to file a criminal and civil suit against someone who caused

my injury?

Michael David Siegel
Michael David Siegel
answered on May 26, 2017

There is no order to file but most lawyers will want criminal proceedings to conclude before civil proceedings go to trial. But due to statute of limitations you cannot wait to file either.

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3 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Q: the proceeding is my right to recover real property under my rent to own lease, her counter claim is that my lease is

fraudulent,they have given answers to my demand's and have requested discovery from me and want to inspect my original lease amongst other demands my only objection is the inspection of the original because she copied and pasted my signature from the copy, can I legally object ? and what would... View More

Barry E. Janay
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answered on May 25, 2017

If she copied and pasted your signature without your consent that does sound alot like fraud to me, but the facts you lay out sounds like she is claiming you committed fraud. Obviously there is a lot more going on here than you have written and a supreme court action concerning real estate almost... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Q: I need to produce inspection of a original lease document. I would like to object, I don't trust the other party,

they have already copy and pasted my signature from the copy on a fraudulent lease, how do I object what would be my legal reasoning or limit the time they have with the original ?

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

It depends on the type of proceeding and the form of the demand. If you are in a court case, you are going to have to do it.

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2 Answers | Asked in Civil Litigation, Health Care Law and Civil Rights for New York on
Q: Is it illegal to turn down a handicapped person a handicap parking spot if thaw parking lot is closed?

If the lot is closed is it possible for Great Escape security to turn down a handicap with a handicap hanger card for a handicap parking spot.My father has severe neuropathy and cannot walk distances.They were claiming he could park across the street in another handicap but he cannot walk the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 13, 2017

Is the lot a private lot? If it is, and if it was closed, then they may refuse service to anybody. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for New York on
Q: how to fight a motion to dismiss in Federal court for EEOC 2 nd district.

Plaintiff’s Complaint Fails to State Any Facially Plausible Claims pursuant to

42 USC § 1981 and § 1983.

V. Jonas Urba
V. Jonas Urba
answered on May 13, 2017

Many cases are dismissed.

You are in Federal District Court for the Southern District of New York apparently. The 2nd Circuit Court of Appeals is an appellate level action which determines federal trial court decisions.

Hopefully your complaint pled specific facts which assuming you...
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2 Answers | Asked in Civil Litigation and Consumer Law for New York on
Q: Not sure what to do with a Consumer Credit Transaction Summons

On 5/10/17 a Consumer Credit Transaction Summons was delivered to my father in law at my address with me listed as the Defendant and Capital One Bank listed as the Plaintiff. It states that I am required to "serve an answer to the annexed compaint upon plaintiff's attorney, at the address... View More

Michael David Siegel
Michael David Siegel
answered on May 11, 2017

I charge $500 to answer such a summons. The payment plan you seek is obtainable, but to avoid a judgment you must answer. Once judgment is entered your credit will be impacted and it is harder to settle.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: I rented a space in my backyard to a woman who had to take her car off the street because she had no insurance on it.

The last time I saw her was in Aug. 2015. She now owes me $1350,00. She has not returned any of my calls, I told her I will have to take her to court but she has not responded. Can you tell me how much it will cost to sue her and if she is responsible for the court fees? If she is working will... View More

Michael David Siegel
Michael David Siegel
answered on May 10, 2017

It is small claims. Do it yourself by going to your local court.

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Collections for New York on
Q: How can I get a payment plan in court?
Michael David Siegel
Michael David Siegel
answered on May 8, 2017

What case? What court? You have to give more information.

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