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New York Civil Litigation Questions & Answers
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
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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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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 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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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.

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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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

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

2 Answers | Asked in Civil Litigation and Contracts for New York on
Q: Attorney is steering me

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

Jack Mevorach
Jack Mevorach
answered on Apr 19, 2023

You're better off retaining new counsel. Have a free telephone consultation with counsel.

Jack

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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: How do I get the owner of a business name for small claims court. I can't find it anywhere only the ny dos number
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation, Environmental and Small Claims for New York on
Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway

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

Michael David Siegel
Michael David Siegel
answered on Apr 1, 2023

Call 311 in NYC. The Department of Buildings can issue a violation.

1 Answer | Asked in Contracts and Civil Litigation for New York on
Q: The reason for my failure in using the statute of limitations was that just before the 6 yr period elapsed in NY.

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

Daniel Michael Luisi
Daniel Michael Luisi
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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