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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: How long on average would it take to evict a partner you've been living with for 10+ years in NYS?
Steven Warren Smollens
Steven Warren Smollens
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...
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1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: My wifes dog was stolen last night, jumped on the street. Police didn't help. We have all papers and need help.

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

James L. Arrasmith
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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...
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Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

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

James L. Arrasmith
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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

2 Answers | Asked in Civil Litigation for New York on
Q: I must do a deposition and I have severe anxiety disorder. Can I do the deposition on video?

Is video deposition the same as in person?

David H. Relkin
David H. Relkin
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

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1 Answer | Asked in Civil Litigation for New York on
Q: Frcp initial disclosure is there a specific form where it can be used as a template? How do I let witnesses know?

Frcp scheduling plan has been agreed on and initial disclosure is due within 14 days.

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation for New York on
Q: What action I can take to stop neighbor with mental health problems stop pounding/ hitting my walls every night?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: I had a guy that come to buy my snowmobile before any title was signed or a bill of sale was filled out he drove away,

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

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Civil Litigation, Family Law and Appeals / Appellate Law for New York on
Q: If there are missing documents & discrepancies w/“record” file sent from Family Court; what is the remedy to rectify?

(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

Charles Holster
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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.

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3 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for New York on
Q: Subject Matter Jurisdiction is exclusive to SupremeCourt/(IDV part)order(orig)? Does Fam Court have competence to modify

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

Charles Holster
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answered on Oct 16, 2024

No.

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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Contractor ( subcontactor) fraud and negligence. Breach of contract. Need a consult please asap.

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

Jack Mevorach
Jack Mevorach
answered on Oct 12, 2024

Most attorneys offer free telephone consultation.

Jack

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: Do I have a federal civil rights violation case against this officer and police officer?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation for New York on
Q: i used to shoplift clothes with my friend. But stopped. Is it safe to go into a store without being stopped? I wanna buy

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..

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

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%)...

Steven Warren Smollens
Steven Warren Smollens
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.

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1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: Can a person sue a check cashing business due to lie that they can't purchase their money order with debit, only cash?

I am young black person and the cashier Hispanic light skin may assume i was trying to scam which is discrimination

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation for New York on
Q: Motion to dismiss contract case after plaintiff refuses to provide discovery after a court order

this is a contractor suing for work not done in new york state

Jack Mevorach
Jack Mevorach
answered on Aug 13, 2024

What is the question?

Jack

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for New York on
Q: Can I get my house back if it is deemed a public nuisance
James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can I sue Amtrak without a lawyer?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation for New York on
Q: What time limitations exist in filing a motion to vacate a 3215 default judgement, (pursuant to cplr 5015(a), (b), (c)?

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

Jack Mevorach
Jack Mevorach
answered on Apr 19, 2024

5015 should provide the answer. Did you read it carefully?

Jack

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for New York on
Q: I am looking forward for an attorney who is not scared to sue the county for injury sustained through car accident.

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

4 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

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

Michael David Siegel
Michael David Siegel
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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