Get free answers to your Civil Litigation legal questions from lawyers in your area.
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
answered on Mar 4, 2024
Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.
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.
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
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
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
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
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.
City of Cohoes
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
answered on Nov 2, 2023
You don't need a lawyer. Just have the clerk help you fill out the forms.
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
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... View More
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
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.
It’s a preliminary conference form due tomorrow
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.
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.
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?
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.
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
answered on Jun 6, 2023
Just alert them to the death. A copy of the death certificate would be a plus.
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
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?
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
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
answered on Apr 30, 2023
Usury might be a defense, along with enforceability of the note. Consult an attorney to evaluate your case.
When when I first spoke with him we agree that there was a breach due to the failure to ensure in the loss from the fire. Now he is trying to convince me that it will cost too much money while at the same time no proper appraisal has been provided. He's stonewalling me, I say I understand the... View More
answered on Apr 19, 2023
You're better off retaining new counsel. Have a free telephone consultation with counsel.
Jack
answered on Apr 17, 2023
I'm sorry your question remains open for four weeks. At this point, one option might be to discuss with process service companies or investigation companies that conduct skip tracing and other research to locate people. Good luck
My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More
answered on Apr 1, 2023
Call 311 in NYC. The Department of Buildings can issue a violation.
I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.
How do you claim service if there is... View More
answered on Mar 29, 2023
In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.
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