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New York Civil Litigation Questions & Answers
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

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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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for New York on
Q: how likely will a supreme court- new york judge recuse himself?

judge has presided over family case for over a year and in post judgement action, which involves a mentally ill defendant the judge recently denied a motion filed by defendant, the defendant then filed a motion for the judge to recuse from further matters in the case claiming bias and an appearance... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 31, 2023

This is not a case where the judge is likely to recuse himself or herself. This sounds like an instance where one of the parties is about to become designated a vexatious litigant.

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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2 Answers | Asked in Civil Litigation for New York on
Q: I need help with a form for the Supreme Court of NY where I’m being sued.

It’s a preliminary conference form due tomorrow

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

Please send me the Index Number and the name of the opposing counsel. I can help you try to get an adjournment or with the filing of the Preliminary Conference form. David@Relkinlaw.com. 516-888-1223.

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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

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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1 Answer | Asked in Employment Law, Business Law and Civil Litigation for New York on
Q: Are bars in Manhattan required to preserve surveillance video a minimum number of days before destroying or overwriting?
Jack Mevorach
Jack Mevorach
answered on Jul 21, 2023

Not sure. Check with the NYS Liquor Authority.

Jack

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

2 Answers | Asked in Civil Litigation for New York on
Q: how do i find out if someone has a judgment against them?
Michael David Siegel
Michael David Siegel
answered on Jun 11, 2023

If you do not know what court you think entered it, you can run a credit report. You may need a private investigator to do it.

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1 Answer | Asked in Civil Litigation and Business Law for New York on
Q: We have been approved by the United Methodist Church of New York to disaffiliate. Our certificate to amend our

corporation petition was acted upon locally, Montgomery County NY. We received a letter from the law clerk that a corporation cannot appear pro se before the court. In speaking with other congregations, this is unheard of. Any advice?

Michael David Siegel
Michael David Siegel
answered on Jun 10, 2023

Anytime a corporation appears in court, it must have a lawyer. It is a statute. There is an exception for small claims. Thus, it is not "unheard" of. I am not sure why you are in court. Membership in the Methodist governing body is a private matter, so there must be other issues here.

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 for New York on
Q: A bank wants to sue a deceased family member for credit card debt and served us papers. How should we handle this?

The deceased family member lived in a different state than us and left no assets. We also had their mail temporarily forwarded to us in NY. The bank traced the forwarding and filed a suit in our state. They are unaware the family member has passed. Should we just alert them to the death and be... View More

Michael David Siegel
Michael David Siegel
answered on Jun 6, 2023

Just alert them to the death. A copy of the death certificate would be a plus.

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
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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

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More

1 Answer | Asked in Business Law, Civil Litigation and Mergers & Acquisitions for New York on
Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying

Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell

Peter J. Weinman
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answered on May 18, 2023

Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: The driving law states in nyc a driver with a permit needs dual brakes, yet while taking the road test while you only

Have a permit and don't need dual brakes

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...

"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person...
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1 Answer | Asked in Civil Litigation for New York on
Q: Person borrowed money and doesn't want to give back
Tim Akpinar
Tim Akpinar
answered on May 6, 2023

This doesn't sound like a family law matter, the category where it's posted. It's basically a civil litigation matter. One option would be to consult with an attorney about the cost of a collection action. If you're interested in a do-it-yourself approach, you could look into... View More

1 Answer | Asked in Banking and Civil Litigation for New York on
Q: legal protections on loan

i took out a loan via reddit(im in ny they are seemingly based in canada) 2000cad for 7750 cad repayment in installments

unfortunately with a sick grandmother and being disabled the debt and subsuquent repayments have become crushing i wish i hadnt taken out the loan but i was desperate at... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

Usury might be a defense, along with enforceability of the note. Consult an attorney to evaluate your case.

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