Get free answers to your Civil Litigation legal questions from lawyers in your area.
answered on Dec 25, 2023
Dear Farmingdale Home Owner
There is no method to calculate average. There is no way to know based on the information provided which form of lawsuit your attorney would consider and what court is appropriate.
If the person you described as partner is in a domestic relationship... View More
My wife lives in Brooklyn and me in Sweden. 3 month ago she started to babysit a 5 month pitbull puppy from her neighbour, just a few days he said. He got evicted. So she helped, then he ghosted her and wife had to pay for all of the food, toys, vaccines and everything. We said just a few days. He... View More
answered on Dec 23, 2023
In New York, the situation you're describing with your wife's dog is both a legal and emotional matter. Since your wife has taken steps to legally adopt the dog, including registration and microchipping, she has established a claim of ownership.
Given that the original owner... View More
Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More
answered on Dec 7, 2023
In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More
Is video deposition the same as in person?
answered on Dec 5, 2023
An application for a video deposition should succeed. Section 3113(b) of the Civil Practice Law and Rules allows for testimony to "be recorded by stenographic or other means[.]" Section 202.15 of the Uniform Rules for the New York State Trial Courts allows for depositions to be recorded... View More
Frcp scheduling plan has been agreed on and initial disclosure is due within 14 days.
answered on Nov 17, 2023
For initial disclosures under the Federal Rules of Civil Procedure (FRCP), there isn't a specific standardized form. However, these disclosures typically include basic information such as the names of individuals likely to have discoverable information, copies or descriptions of relevant... View More
Hello.
We have a neighbor, who used to watch TV on max volume every day 24/7 for years. Recently, about month ago his mental health changed and he started to break things.( TV included) because we don’t hear TV anymore but he started to hit walls with something that sounds like hammer... View More
answered on Dec 21, 2024
I'm sorry you're experiencing this difficult situation. Start by keeping a detailed record of each incident, including dates, times, and descriptions. This documentation can support your case when you speak to authorities or your housing management.
Reach out to local mental... View More
He never returned the following day to do the paperwork as was planned, I ten informed him I wanted to cancel the sale and return his money and take my snowmobile. At that point he dropped all communication. Is a short text conversation considered legally binding contract between us? If so I... View More
answered on Nov 27, 2024
A text might more likely serve to support the existence of a contract rather than being a self-standing written contract, which could often involve additional requirements. An attorney would probably want to know more about all communications in the transaction. One option could be to reach out to... View More
(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More
answered on Oct 16, 2024
You would have to make a motion in the Family Court to have the Judge "settle" the record to include what you think is missing.
Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More
answered on Oct 16, 2024
No.
Fraudelent contractor using his status as an NYPD maintance worker as part of his" trusted subcontractor and concerned neighbor" pitch. Him and another subcontractor had gained my confidence by doing emergency repairs twice before I had him sign a basic contract to work. He half ripped... View More
When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More
answered on Oct 11, 2024
I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More
I stopped and never wanna do it again.. but is it safe for me to go to into a srore and buy stuff without them comming up to me and calling the police??? The last time i did it was Like a month ago..
answered on Sep 29, 2024
A criminal defense attorney could advise best, but you await a response for a month. Until you consult with an attorney who handles such matters, it's probably best if you don't go back there. Good luck
Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...
answered on Sep 6, 2024
If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.
I am young black person and the cashier Hispanic light skin may assume i was trying to scam which is discrimination
answered on Aug 31, 2024
You might have grounds to take action if you believe you were discriminated against based on your race or age. Discrimination in service, especially when it involves treating you differently due to assumptions based on race, is a serious issue. If you feel that the cashier's refusal to accept... View More
this is a contractor suing for work not done in new york state
answered on Jul 28, 2024
If your house is deemed a public nuisance, reclaiming it can be challenging, but it is possible. The first step is to understand the specific reasons why it was labeled as such. Often, this involves issues like safety hazards, health violations, or ongoing criminal activities.
To begin... View More
I was kicked off a train halfway to my destination and arrested for not having a ticket, But I actually did have a ticket. I mistakenly got on the wrong train. After I contacted Amtrak customer service and explained what happened they apologized, dropped the charges and refunded the cost of the... View More
answered on Jul 27, 2024
Yes, you can sue Amtrak or the conductor without a lawyer. This process is known as representing yourself or "pro se" litigation. However, it can be complex and time-consuming, so being well-prepared is essential.
First, gather all documentation related to your case, including the... View More
Cplr 5015 (a), ground #1 Excusable default limits motion to one year after service of order. Are the other grounds time barred as well?
If the Default judgement was granted an inquest, does the inquest effect the time limit to file a 5015 motion? Does it run from the original order... View More
answered on Apr 19, 2024
5015 should provide the answer. Did you read it carefully?
Jack
DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More
answered on Apr 15, 2024
It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.
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