Get free answers to your Civil Litigation legal questions from lawyers in your area.
I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... View More 
answered on Dec 14, 2021
Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... View More
The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.
The service... View More
answered on Dec 9, 2021
A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.
have proof that the issue is in the city sewer pipes from a certified plumber and they are stating it is homeowners responsibility to fix it.
answered on Nov 17, 2021
It sounds like something an experienced civil litigation attorney should be able to handle. If they have experience in dealing with municipal agencies such as water, building, environmental, etc., that could be helpful. Good luck
answered on Nov 15, 2021
Are you the defendant or plaintiff? More contexts will be needed for a decent answer to your question.
I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... View More
answered on Nov 8, 2021
You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... View More
I need to find a complaint for a law class
answered on Nov 2, 2021
If you search for summons and complaint, you should be able to see a number of standard formats used. You could also check unified court system records or other legal data bases for actual pleadings from cases. Good luck
Tim Akpinar
answered on Oct 27, 2021
There is no question to answer.
Revivals of causes of action are by statute. They are few and far between in NY; they are remedial legislation.
The waiver of a statute of limitations is rare, but does happen. These waivers are based upon an equitable principle whereby the... View More
Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.
answered on Oct 27, 2021
Yes it is. But, it depends on the terms of the contract.
They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... View More
answered on Oct 14, 2021
If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.
I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... View More
answered on Oct 6, 2021
I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... View More
We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.
I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?
answered on Sep 17, 2021
Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... View More
I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... View More
answered on Sep 9, 2021
I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... View More
I recently represented myself (big mistake) and lost to an adversary with an attorney.
The judgement is an order against me but I think the judge was asleep since he got many details wrong.
Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... View More
answered on Sep 2, 2021
Hi.
Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.
Thanks.
How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... View More
answered on Aug 20, 2021
This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... View More
Now they want the car back how can I transfer the title
answered on Aug 3, 2021
You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.
I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... View More
answered on Jul 22, 2021
If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.
He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... View More
answered on Jul 9, 2021
The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.
answered on Jun 2, 2021
A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.
I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... View More
answered on May 25, 2021
Sure, if you have the proof from an estimate from someone else to fix the damages.
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