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New York Small Claims Questions & Answers
2 Answers | Asked in Small Claims for New York on
Q: If a person pass away and he had a law suit from a car accident do the money go to the mother or the father.
Jonathan R. Ratchik
Jonathan R. Ratchik
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

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2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for New York on
Q: Do I have a case after I was hospitalized due to consuming a baked good product and continue to suffer in pain while eat

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

Stephen Bilkis
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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...
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2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for New York on
Q: Do I have a case after I was hospitalized due to consuming a baked good product and continue to suffer in pain while eat

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Can we get security deposit back?

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?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
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

2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Jonathan R. Ratchik
Jonathan R. Ratchik
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

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2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Damien Matthew Bosco
Damien Matthew Bosco
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

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1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

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

James L. Arrasmith
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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

2 Answers | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
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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2 Answers | Asked in Products Liability and Small Claims for New York on
Q: What can I say in court if he wants to take it to small claims court.

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James L. Arrasmith
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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

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2 Answers | Asked in Products Liability and Small Claims for New York on
Q: What can I say in court if he wants to take it to small claims court.

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Tim Akpinar
Tim Akpinar
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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2 Answers | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for New York on
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…

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

Steven Warren Smollens
Steven Warren Smollens
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...
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1 Answer | Asked in Consumer Law, Small Claims and Internet Law for New York on
Q: Is accessing my U-Haul rental info illegal in NY?

Back in February, a storage company accessed my personal information from a U-Haul truck I rented to move out of a unit. However, I rented the U-Haul from a different location and returned it there, so the storage company had no reason to access my information. I only emptied a unit owned by my... View More

James L. Arrasmith
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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

1 Answer | Asked in Small Claims for New York on
Q: Can I sue for dangerous highway trees refused by superintendent?

Can I take the superintendent of highways to small claims court for refusing to remove dangerous trees on their right of way? I have been discussing this issue with the superintendent since 2022, and they are now refusing to communicate, claiming that the trees belong to my neighbor. However, a... View More

James L. Arrasmith
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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

2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: Can a person win a case without evidence? I had evidence and loss?

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?

Damien Matthew Bosco
Damien Matthew Bosco
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

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1 Answer | Asked in Contracts and Small Claims for New York on
Q: Can a business just say "I'm not paying" the day before shipment after previously agreeing to share shipping costs?

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

Marco Caviglia
Marco Caviglia
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.

1 Answer | Asked in Small Claims for New York on
Q: My lawyer passed away I was trying to get a loan but lawyer I have saying he can’t sign my loan who do I need to speak t

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

Jack Mevorach
Jack Mevorach
answered on Dec 27, 2024

Another lawyer. Jack

1 Answer | Asked in Small Claims for New York on
Q: what can i do if i am still unable to reach a representative to claim pandemic unemployment backpay that is owed to me?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Business Law, Health Care Law, Medical Malpractice and Small Claims for New York on
Q: Hello, I received a request for documents about a machine I sold to a spa owner?

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

Michael David Siegel
Michael David Siegel
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.

2 Answers | Asked in Small Claims for New York on
Q: Hi, If I set up a facebook page about my son's sexual abuse in private school can they sue me if I mention their name?

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

Jack Mevorach
Jack Mevorach
answered on Sep 4, 2024

Yes.

Jack

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1 Answer | Asked in Real Estate Law and Small Claims for New York on
Q: Does the finder rule apply to a finder of an abandoned incorporeal hereditament, as in superior title over all others?

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?

James L. Arrasmith
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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

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