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New York Civil Litigation Questions & Answers
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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1 Answer | Asked in Civil Rights, Civil Litigation and Elder Law for New York on
Q: What kind of lawyer would I need to sue detective, police department, D.A. and Sheriff along with animal control

What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.

For...
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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Small Claims for New York on
Q: Can I sue my landlord?

We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More

Michael David Siegel
Michael David Siegel
answered on Mar 4, 2024

Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: What is the easiest way to include Judiciary Law 487, if neglected to add to initial complaint.

Defendant was served May 2023. Defendant is in default. This is a lawsuit against an attorney for breach of contract due to no legal representation, lack of fiduciary duty and misconduct.

Jack Mevorach
Jack Mevorach
answered on Jan 10, 2024

Lawsuits against attorneys are usually for legal malpractice, even if the claim is breach of contract. Still, it would be very unusual for an attorney to default, if properly served.

Jack

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for New York on
Q: Complex question in regard to citing case law on my affidavit in support of petition to modify custody & OSC filings…

In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More

Peter Christopher Lomtevas
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answered on Jan 1, 2024

This rather convoluted question points out quite simply that New York does not list factors for courts to use to determine either initial awards of custody or modifications to custody. Other states do use listings of factors that their appellate courts required in all orders of custody. New York... View More

1 Answer | Asked in Civil Rights, Personal Injury, Civil Litigation and Landlord - Tenant for New York on
Q: If my personal and disability information was shared and admitted to being shared what kind of attorney do I need?

I was a guest at a chain hotel in Buffalo New York. Post stay, the manager of the hotel admitted on a phone call to sharing my room information, content specifics, damages (disability related), and state of the room with an unrelated third-party (my old employer). I would like to seek recourse... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

There is no inherent right to privacy in New York. And a hotel is not a covered entity under HIPAA which governs the disclosure of confidential medical information.

2 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: The concept of easement of necessity needs to be explored and litigated for me…any takers?

City of Cohoes

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2023

It's difficult for attorneys here to take up your offer - this isn't set up like an attorney referral site; it's only short format legal Q & A - no solicitation. If you're seeking an attorney for Civil Litigation/Real Estate work, one option, in addition to your own... View More

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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the... View More

James L. Arrasmith
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answered on Nov 8, 2023

In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if... View More

1 Answer | Asked in Business Law, Civil Litigation and Internet Law for New York on
Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?

I am located on Long Island, NY.

This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the... View More

3 Answers | Asked in Civil Litigation for New York on
Q: What type of lawyer should I seek for a small claims case?
Michael David Siegel
Michael David Siegel
answered on Nov 2, 2023

You don't need a lawyer. Just have the clerk help you fill out the forms.

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1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?

The plaintiff case was dismissed for filling to comply with court order.

Charles Holster
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answered on Oct 3, 2023

This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case... View More

2 Answers | Asked in Civil Litigation and Collections for New York on
Q: I have a case in Supreme Court Queens, PRO SE, for debt collection, the other party has answered, I need an ATTY taking

the case until get the judgment.

Thanks

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

If you're seeking an attorney, in addition to your own searches, there is a tab above, "Find a Lawyer." It lists attorneys by category and region. There are categories for collections and civil litigation. There are also attorney referral sections in the websites of state and local... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Carl Nelson
Carl Nelson
answered on Sep 16, 2023

I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month.

I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 11, 2023

Dear Queens Tenant

Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?

If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.

If that is...
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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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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I'm being asked to pay for a consultation but im worried.

the individual is advertised as a pro laywer here but I don't know if it's legit.

250 dollars for 30 minutes is rough for me and my limited means. and because i'm in New York and the laywer is in California they say "I do not practice in New York. If the injury or... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

Hiring an attorney can be a personal decision - are you pleased with the person's level of expertise and experience, are they someone you would feel comfortable working with, do you trust them, etc. No one here can make that decision for you.

If the person is someone with who you...
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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

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