Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to...Read more »
If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct...Read more »
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to...Read more »
Person 1 is holding two boxes of snacks that are identical. Person 1 wants to give one of the boxes to person 2. Person 2 is indecisive and says you can pick whichever one. Person 1 gets infuriated and starts shouting at person 2 to pick a box. Person 2 tells person 1 that they do not want to speak... Read more »
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... Read more »
If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.
Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.
Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney...Read more »
On a month to month lease, we are moving out on the 3rd and new tenants occupy on the 4th. The building manager is saying what they charge us is based on a percentage or what the other tenants don't pay. This all sounds false and shady. We paid every month, never late they walked through the... Read more »
Your question may have gotten overlooked for two weeks because of the categories posted under. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee every question here is picked up, but you'd have better chances of a L-T attorney seeing your post there. Good luck
The $900 is the total amount of rent and my security deposit as I discovered there were bedbugs, asked him if he had bed bugs, he said he didn't, I had someone from pest control confirm it was a bed bug, and had him sign a contract stating he would pay me back my first month's rent, along... Read more »
Hi, is your question how you should recover the $900? Assuming there are no eviction issues, your former landlord breached his promise to return the $900 to you. You have the promise in writing. This case seems ideal for small claims court. Downstate may charge slightly differently but small claims...Read more »
File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without...Read more »
One of my clients has failed to pay the remainder of an invoice ($2000) that was due months ago. Every month I remind him and he comes up with excuses. I've been very patient and understanding but its been too long and I want to take legal action.
My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... Read more »
I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could...Read more »
It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it...Read more »
I'm sorry your child was bitten. In terms of what you can do, your first step could be to reach out to an attorney who handles injury cases. I hope your child is okay. If the bite is of a minor nature and damages are transient in nature, it's possible that a law firm might have...Read more »
Car accident occurred almost three years ago am now getting sued about property damage done to public property. The letter contains bill invoice that explains they have already tried sending bill to collections in registered owner name. My question is ,am I as the driver eligible to be sued.
I'm sorry for the alarming letter you received. In general, a driver can be sued if they are liable in the accident. Public entities such as departments of transportation, power companies, etc. do go after drivers for damage to their structures or equipment. As a starting point, you could...Read more »
I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »
You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice...Read more »
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