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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Estate Planning and Probate for New York on
Q: Do I need a lawyer after I signed a paper work in 2017 due for my sister to be an administrator because I nearly died ?

My mom died as well in 2017 and she had filed a lawsuit in 2014 and we had to show proof that she was our mother , so if something were to happen that we take over and what ever she would be receiving the money would be split between us . Sadly she passed and it went dormant for years until my... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2023

I'm sorry for your family's loss. It would probably be better for an attorney who practices in the Probate & Estate Planning areas to offer guidance to you. The question is posted under Civil Litigation, and that's probably why it wasn't picked up. The issues you describe... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Libel & Slander for New York on
Q: A Company calls people that dont' like censorship creeps. is this slander?

there's a product called "skullgirls" that has remained RELITIVELY uncensored but now is very censored... in strange an inconsistent ways.

i've been trying to contact the game companies Autumn Games, Future Club and Hidden Varriable studios... to no avail. and a lot of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Calling individuals "creeps" and "predators" could potentially be considered defamation, depending on the context and whether the statements are presented as facts rather than opinions. To have a viable defamation claim in California, you would need to prove that the statement... View More

3 Answers | Asked in Civil Litigation for New York on
Q: I am being sued by a creditor. I received two summons in the mail. Are they able to serve me a summons in the mail?

I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?

Michael David Siegel
Michael David Siegel
answered on Aug 29, 2023

There is something called "nail and mail" service, which means another copy was supposed to be posted to your door. Thus, the mail will probably mean service was done. You have 35 days to answer, but do not wait until the last second.

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3 Answers | Asked in Civil Litigation for New York on
Q: I am being sued by a creditor. I received two summons in the mail. Are they able to serve me a summons in the mail?

I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?

T. Augustus Claus
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answered on Aug 29, 2023

In New York, a summons and complaint typically need to be served in person, not by mail. Personal service ensures that the recipient is properly informed about the legal proceedings against them. If you received a summons by mail, it might not fulfill the legal requirement for proper service. In... View More

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1 Answer | Asked in Contracts, Copyright, Civil Litigation and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

James L. Arrasmith
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answered on Sep 8, 2023

I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Timothy Denison
Timothy Denison
answered on Aug 15, 2023

They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 15, 2023

File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 15, 2023

Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More

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3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More

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3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
James L. Arrasmith
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answered on Aug 6, 2023

Retaining or confiscating the source code could be considered a breach of contract or theft of intellectual property, which may lead to legal consequences. Instead, you should pursue appropriate legal remedies, such as negotiating with the customer, seeking payment through a collections process, or... View More

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2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Former friend and I went on vacation in August, and now that we've had a major falling out, he invoiced me. Do i owe?

He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More

David H. Relkin
David H. Relkin
answered on Jul 26, 2023

This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More

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3 Answers | Asked in Civil Litigation for New York on
Q: I found my name online with unclaimed money from the state comptroller of NY reported by Coach Inc and it's for goods..

And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 25, 2023

The goods and services giving rise to your claim for unclaimed money are arguably irrelevant. Nor will the Office of the New York State Comptroller have such information. If you are entitled to the money, put in a claim for it. Here's something I found online which you might find helpful,... View More

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3 Answers | Asked in Civil Litigation for New York on
Q: I found my name online with unclaimed money from the state comptroller of NY reported by Coach Inc and it's for goods..

And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

If you do this through a law firm, they will probably charge legal fees for their services. You could look into whether you could handle the matter on your own without paying anyone. The Office of the State Comptroller has contact information - you could call or write to them to ask about basic... View More

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3 Answers | Asked in Civil Litigation for New York on
Q: I found my name online with unclaimed money from the state comptroller of NY reported by Coach Inc and it's for goods..

And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

Addendum - Although the Comptroller's Office could advise you on what steps to take to request your money, they are not likely to have details on the second part of your question (what the goods and services are for). That's something the issuer of the check might have more information on. Good luck

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2 Answers | Asked in Civil Litigation for New York on
Q: If someone is holding my things on they're property and won't give them to me can I sue ?
James L. Arrasmith
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answered on Jul 28, 2023

Yes, you may have legal grounds to sue if someone is holding your belongings on their property and refusing to return them to you. This situation may involve the legal concept of "conversion" or "wrongful retention of property." I recommend seeking legal advice from an attorney... View More

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1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: is it legal that POA changed beneficiary of a life insurance to themselves.

My mother made my sister POA. My sister made herself a beneficiary of life insurance policies. Is that legal.

T. Augustus Claus
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answered on Jul 11, 2023

A Power of Attorney (POA) does not grant the agent (in this case, your sister) the authority to change the beneficiary of a life insurance policy to themselves unless specifically authorized by the principal (your mother) or allowed by applicable laws.

Changing the beneficiary designation...
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1 Answer | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: What steps should I be taking to establish a pet custody agreement outside of a court?

We broke up 3 weeks ago. I have had the dog in my custody since. We both purchased the dog together a year ago.

T. Augustus Claus
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answered on Jul 5, 2023

You and your ex-partner should consider negotiating and reaching a mutually agreeable arrangement. Discuss factors such as the dog's best interests, living arrangements, visitation schedules, and financial responsibilities. It is recommended to document the agreement in writing and have both... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More

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