Get free answers to your Small Claims legal questions from lawyers in your area.
answered on Feb 12, 2025
If the decedent had a Will, the settlement proceeds would be distributed in accordance with the terms of the Will. Absent a Will, the proceeds would get distributed in accordance with New York EPTL § 4-1.1. Thus, if he was not survived by a spouse or children, the proceeds would get distributed... View More 
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
answered on Jan 13, 2025
Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you... View More
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
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answered on Jan 17, 2025
I'm sorry to hear about the significant pain and challenges you’ve been experiencing. Situations involving health issues from consuming a food product can be overwhelming, and understanding your legal rights in this matter is an important step.
In New York, pursuing a case against a... View More
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
answered on Jun 24, 2024
Sorry to hear what happened to you. If your dentist is a member, you could file a complaint with the New York State Dental Association, https://www.nysdental.org/for-the-public/patient-complaint-form Otherwise and without minimizing what you've gone through, the loss of crowns (which can... View More
answered on Jun 17, 2024
It is advisable to seek a second opinion from another dental professional to evaluate the implants and crowns' quality and condition. This will assist in determining if the work was performed inadequately or incorrectly. If you gather evidence that suggests negligence or substandard care, you... View More
The didn’t accept the notarized letter.
Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.
Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More
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answered on Jun 15, 2024
It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More
answered on Feb 17, 2024
If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.
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answered on Nov 29, 2023
If someone wants to bring a claim against you in small claims court, one option could be to discuss the person's dispute or dissatisfaction to find out if court could be avoided through negotiation. If the matter has already gone to court, the other option could be to determine if you have any... View More
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answered on Nov 30, 2023
If you're facing a small claims court case, it's important to prepare your defense thoroughly. Begin by gathering all relevant evidence that supports your side of the story. This can include documents, receipts, contracts, emails, photographs, or any other material that is pertinent to... View More
It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More
answered on Nov 19, 2023
Dear Manlius Tenant:
The statutory warranty of habitability is confined to the tenant and landlord relationship. A neighbor does not possess the right to claim a breach by another tenant. Lawsuits based on the notion of private nuisance are expensive and difficult to establish. A court is... View More
The contractor had no evidence, was not the person that did the work. I had all the evidence and a witness. The case was dismissed in his favor why?
answered on Jan 10, 2025
There can be many reasons why a case could be dismissed. If the dismissal was a pre-answer motion, it could be due to jurisdictional reasons, improper service, lack of standing, or the facts outlined in the complaint do not support a viable cause of action. If you are claiming that the contractor... View More
I was working with an art gallery in NYC for years. Long story short we were supposed to have a solo show but they ghosted me and I canceled the whole thing.
Half the works they had of mine they had were still in consignment (IMO they breached the contract when they changed the prices... View More
answered on Jan 9, 2025
Sounds like a small claims court matter. Evidence will revolve around written communications and any express agreement you and your adversary signed. Custom and usage in your industry may also be enlightening to the court. The amount is probably too small to warrant hiring an attorney.
For three weeks been giving me the run around I couldn’t buy my kids anything for Christmas mind u my kids are honor students I feel so horrible
both i and my mom made the same mistake: when certifying for pandemic unemployment assistance, we pressed a wrong button, made a wrong choice, and for that we were denied most of the money. i have tried countless times to call them and correct our claims, but throughout these few years i have never... View More
answered on Dec 5, 2024
An employment law attorney would probably have the most insight into this, but your question remains open for a week. The question may have gone unnoticed under the "Small Claims" heading. Some questions here do remain unanswered, but you could try reposting under "Employment Law." Good luck
Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More
answered on Sep 27, 2024
It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.
My son passed away 3 years ago at the age of 27. After he passed, two separate friends revealed that he confided with them that he was raped by a teacher in 8th grade in a NYC private school. We notified the school and the NYPD. The school hired an investigative firm which we cooperated with . We... View More
I am asking for both general across the USA and for New York. Does it matter if it is an abandoned incorporeal hereditament that has been separated from the land, and is no longer an interest in the land? Does the finder get superior title over all others for incorporeal hereditaments?
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answered on Aug 25, 2024
When dealing with the finder rule, it generally applies to physical, tangible property rather than incorporeal hereditaments, which are intangible rights or interests. Across the USA, and specifically in New York, the concept of "finders keepers" does not typically extend to incorporeal... View More
Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More
answered on Jul 18, 2024
A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More
This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly
constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More
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