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New York Small Claims Questions & Answers
1 Answer | Asked in Products Liability and Small Claims for New York on
Q: I was passing through the aisle in class a dropped someone's comeputer by accident Am I legally obligated to fix it?

This happened at school and she is trying to make me buy her a new one. I offered to have it fixed but she wants me to buy her A new laptop. When I was passing through I said excuse me and her laptop was on the edge of the desk. Im currently in a very tough situation and cant pay for a $1000... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 2, 2017

It depends on her own measure of fault, e.g., was the laptop too far out in the aisle? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Family Law and Small Claims for New York on
Q: How can I claim my fathers guitars from someone who took them last year

He was in the hospital at the time they were taken

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

Who took them, and under what right? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Q: im 17 and my upstairs neighbor said to me say he was going to have my car towed for blocking the driveway can he do it?

I park in the front part of the driver because it's easier for my mom to get in and out of the car and I have told him before that he just ask me before getting up to my car and honking I would have it already moved for him

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

What does your lease say about parking rights? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: A NY mobile phone shop has sold me a phone that is barred as it's been reported stolen. What is the best way to chase?

I was on holiday in New York from the UK recently. Since returning to the UK I have found that the mobile they sold me is barred as it has previously been reported stolen. Not only this but the shop also over chrged me by $1300. They have not been returning calls. As a UK resident, what would be my... View More

Michael David Siegel
Michael David Siegel
answered on Jul 25, 2017

Call the consumer fraud unit of the New York County district attorney. To do this privately is a small claims case, which requires filing a complaint form but then returning for the trial. There is no way I could economically charge to handle this matter.

1 Answer | Asked in Arbitration / Mediation Law, Personal Injury and Small Claims for New York on
Q: What takes place after an arbitration, and how long will it take to receive an award?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

The arbitrator's rules should have been provided to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Banking, Small Claims and Probate for New York on
Q: My uncle died he left about $15,000 in bank account he left no will .I paid for funeral how do I get money from bank.no

He had no sons ,wife,or mother or father alive

Michael David Siegel
Michael David Siegel
answered on Jul 17, 2017

You need to file what is called a Voluntary Administration in the Surrogate's Court of the county your uncle resided in when he died. It costs a $1 filing fee.

2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for New York on
Q: How Do I impose a $100 fine on plaintiff who refuses to file satisfaction of judgment

I live in New York. I was a defendant in a small claims case and I lost. I paid the plaintiff over two years ago. I wrote and asked her to please file a satisfaction of judgment and she wrote back refusing. I have looked up the law and have learned that I can impose a $100 fine on her for not... View More

Michael David Siegel
Michael David Siegel
answered on Jul 16, 2017

You need to make a motion in the small claims court.

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3 Answers | Asked in Business Law, Contracts, Construction Law and Small Claims for New York on
Q: I purchased 2 boats from a very large and well known construction company.

I sent them a bank wire two weeks ago and they acknowledged receiving the money and we had very lengthy email exchanges discussing pickup. In the emails they discuss that they are ready to be picked up and are allowed to be released to me. I sent them a signed bill of sale they also acknowledged... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 10, 2017

What are the terms of your contractual agreements? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Civil Rights, Consumer Law and Small Claims for New York on
Q: Hi I have question regarding civil judgment that was filed on 08/2010 by capital one bank for amount of $1247 in NYC

I'm worried that my car I'll be towed away .Today is 06/29/2017 it's been almost 7 years to this matter at time I used to work in Dunkin donuts they was able to granish some of my wages but later I had quite job I was doing .How could I get off this from my record should I go to... View More

Michael David Siegel
Michael David Siegel
answered on Jun 30, 2017

Your car was probably towed for tickets. It is rare for a credit card creditor to seize a car. They seize wages and bank accounts. For this amount, you would be better off settling it. Call the attorney who got the judgment. For $1200, the $800 I would charge to try to undo it is not worth the... View More

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: I am a NY tenant with an auto-renewal lease. If I get it invalidated per NY GOB 5-903 does it revert to month-to-month?

My landlord failed to serve proper notice of the renewal, and is now trying to raise rent at the last minute even though the contract has already renewed under the same terms. If I invalidate the contract per NY GOB 5-903, am I still protected from eviction for the full year term, or does it revert... View More

Barry E. Janay
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answered on Jun 26, 2017

Depends on whether the notice was a requirement of the auto-renewal, but that said if a lease expires the general rule is that it becomes a month to month tenancy. The change in the amount of rent, if not part of the lease, would be an offer for a new lease and the existing lease would turn into... View More

3 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Small Claims for New York on
Q: Does owning and renting out a home in New York State constitute doing business in New York State?

Small claims court will only take cases in which both parties live or do business in that town. Can a tenant sue in small claims court a landlord living in NJ but owning a house in a town in NYS?

Peter Klose
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answered on Jun 20, 2017

I would check with the Town Justice Court, but my guess is that if you list the address of the house (owner) and the address in NJ, you will get the case started, and the Landlord will appear

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1 Answer | Asked in Small Claims for New York on
Q: Me and my ex had a phone plan together under my credit He ran the bill up to almost 2300 dollars can I go sue him
Mitchell A. Nathanson
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answered on Jun 13, 2017

Sure you can. You will have to prove that your agreement was that he would reimburse you for his personal usage and then identify those charges which he incurred. I would suggest you go to small claims court if that option is available to you.

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1 Answer | Asked in Small Claims for New York on
Q: Can I sue in small claims court on behalf of my business?
Mitchell A. Nathanson
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answered on Jun 9, 2017

You may if the defendant resides in the same jurisdiction. However, unless you are a sole proprietor, the business entity may require attorney representation.

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2 Answers | Asked in Small Claims for New York on
Q: can i sue for sentimental value in the state of new york in small claims court?

I had moved out of a house, and left a box of wedding sentimentals in the garage that the new rentee knew about. We had asked if it was ok because we were not ready to move into our new house just yet. She then sold an expensive designer clutch that I wore on my wedding day on ebay. Furthermore,... View More

Mitchell A. Nathanson
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answered on May 17, 2017

You may sue, but you will likely lose, unless you can prove that the sentimental value was known by the other side and she sold the handkerchief with the intent to cause undue harm. Otherwise, monetary damages will not attach to a sentimental value.

#LegalQ&A

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2 Answers | Asked in Small Claims for New York on
Q: My boyfriend paid my vehicle over mileage which was $3,000 now that we broke up he wants the money back.

Can he sue me and win? This happen in New York State.

Mitchell A. Nathanson
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answered on May 16, 2017

Unless you had an agreement that would support his position, it is likely this would be considered a "gift" rather than a loan. That being said, anything can happen in court, even small claims court, and you may want to consider reimbursing him for something as part of a settlement.

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1 Answer | Asked in Elder Law and Small Claims for New York on
Q: Who is at fault?

While bathing my mother, her caregiver had to quickly react to an abrupt movement on the mother's part. During the process, the caregiver's mobile phone fell out of her pocket into the water. Is my mother at fault? The caregiver insists it's my mother's fault. I contend, since... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 11, 2017

That typically comes with the job. The caregiver shouldn't have had the phone in her pocket. What are the terms of the work agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More

2 Answers | Asked in Employment Law, Contracts and Small Claims for New York on
Q: How can we get our Client to pay us?

We took on a furniture restoration project, where we told the Client to clear everything out of their bedroom, but when the actual job started, nothing was moved. These people are hoarders, we've come to realize, and nothing that we said made a difference. They live in their room, meaning they... View More

Barry E. Janay
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answered on May 4, 2017

Sue him for your costs on materials and labor.

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2 Answers | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for New York on
Q: If there is no written agreement for a "Management fee" and I was told about this after signing lease do I have to pay?

I paid $120 for an application fee, $800 deposit and May rent. After I signed my lease I was told there was a "Management fee" of $400 but there is no where in the lease about the fee. Do I have to pay?

Barry E. Janay
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answered on May 4, 2017

The only thing I can think of is that your lease may have referred to condo by-laws that you had a right to inspect and which could have alerted you to the fee. You can try to not pay, but they'll probably get you some other way. Best of luck!

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3 Answers | Asked in Real Estate Law and Small Claims for New York on
Q: Can the bank take money out of my paycheck if they foreclosure the house !?

Is there a way to sign a deed for someone and not have any financial obligations

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 21, 2017

Foreclosures pertain to the mortgage, so transferring title is not typically a fix. Deficiency judgments after auction sales are uncommon but may occur, and collections actions may follow. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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