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

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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

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

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

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

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

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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

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.

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

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

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answered on Oct 16, 2025

What you’re describing is a serious situation, both legally and environmentally. Asbestos abatement is strictly regulated in New York, and contractors are required to follow containment and safety protocols under state and federal law. If the subcontractor performed the work without proper... View More

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answered on Jul 26, 2025

Yes, you can sue eBay in Brooklyn small claims court, as long as your claim is within the court’s monetary limits and you can show that the harm occurred in Brooklyn. Since you live there, and the transaction took place through your account and your address, you may argue that Brooklyn has a... View More

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answered on Jul 4, 2025

You can recover the out­-of­-pocket difference between what you paid and the vehicle’s true market value at time of sale, plus any incidental costs you incurred—like higher interest on the title loan and the Uber/Lyft expenses you had to pay when the car failed.

Under New York’s... View More

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answered on Jun 11, 2025

First, pull the exact block and lot numbers and a full property description from the county tax assessor’s records so you have the correct legal identifiers in hand.

Next, go back to the clerk’s office and ask for the form to correct a transcript of judgment; many counties allow you to... View More

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answered on May 16, 2025

If a storage company accessed your personal information from U-Haul without your permission or a legitimate reason, this could raise serious privacy concerns. Since you rented and returned the truck at a different location and had no direct relationship with the storage company, their access to... View More

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answered on May 14, 2025

What you’re dealing with sounds incredibly stressful, especially after a close call with a falling tree. If the survey shows that the trees are not on your neighbor’s land and they fall within the highway right of way, then the local highway department could be responsible for maintaining them.... View More

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

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.

Another lawyer. Jack