Civil Litigation Legal Questions

That you received the Summons at your residence does not mean you're being sued. You should contact your uncle and let him know you received a Summons and forward it to his insurance carrier. Act quickly as your uncle only has 30 days in which to file an answer. You might also want to consider contacting the law firm whose name is on the Summons and letting them know that your uncle does not reside at the address. Hope this helps. Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/     ... Read Answer

Anybody can sue anybody for anything, but what you're really asking is does she have a case.  Was there a settlement agreement which included a release, or some sort of agreement that the party would not seek further compensation?  If your insurer paid money to the other party, it almost certainly would have obtained such a release.  If not, the SC satute of limitations on such a claim is 3 years from the accident.... Read Answer

if a search warrant was issued on your home, then there is probable cause to believe that he is involved in a conspiracy to have been involved, despite thatr he actually wasnt the one who pulled the heist..Every person involved in the conspiracy can be prosecuted for the underlying crime. Obviously this is just an opinion without knowing more facts.. Your son should retain an attorney immediately and if arrested he should invoke his right to remain silent. ... Read Answer

Hello Brad, I am sorry to hear about this ordeal that you are going through. So, if the police have classified the matter as a civil case, you can still attempt to contact the precinct and demand that you talk to the supervisor and tell him that you want to file a theft report, and maybe they will Attempt to contact the Person who allegedly stole your dog and investigate the matter by speaking with him and talking to neighbors. I would continue to try to convince the police to do this. Tell them it is not a big thing to go to their house knock on their door and ask questions of them or their neighbors. They are not going to lie to police, but they will lie to you. If this does not work out, then I would file a court case, and ask the court to demand specific performance in the form of returning the dog to you. Small claims court usually only allows plaintiffs to recover money damages, but they may allow you to sue for specific performance, which is an equitable remedy, when money damages are an inadequate Remedy. I would call the small claims court and ask them if you can sue in that court for specific performance, and if you cannot then you have to go to the Superior Court. If you have to file an action due to police not wanting to get involved, you can serve discovery requests upon the defendant, and ask them point-blank if the dog is in their possession. Keep in mind that they will most likely not lie in their discovery responses because they are under penalty of perjury when they provide their answers. So those are the pathways you can pursue this. I understand the heartbreak that you're going through, because I am a dog owner myself and I couldn't imagine how I would feel if somebody did this to me. I wish you the best of luck sir.... Read Answer

I'm sorry, this is not aksing a question.  If the facility was in Kentucky, then Kentucky law would govern.  From the facts provided, it appears as though you are questioning if you have a legal cause of action against the company.  It the business still exists, the answer is maybe.  If the business is gone, and any times to wrap up outstanding claims has run, then you likely have nobody to sue.  You also need to think about statute of limitations issues.  I suggest finding a Kentucky attorney to meet with you remotely and review your situation. Best of luck.... Read Answer

I'm sorry, the facts presented do not ask a question.  If you are seeking a legal opinion as to whether or not the facts presented establish a valid cause of action, there are too many unknowns at this point.  It sounds like your case would be difficult to prove and likely not worth the cost and expense of a formal lawsuit.  That being said, you are certainly within your rights to consult with legal counsel for a full review of your situation. Best of luck.... Read Answer

Hello David.  The facts posed do not ask a question.  If you are seeking a legal opinion as to whether or not your situation presents a valid cause of action to pursue on your behalf, there are too many unknowns from the brief facts given.  You should obtain a copy of all related legal documents and sit down with an attorney in your area to review your situation in detail, and discuss your options. Best of luck.... Read Answer

  Sorry to hear what you're going through.  Although you could arguably sue your neighbor for slander, unless he has any assets worth recovering it will likely not be worth your while.  Also, the statute of limitations for defamation is only one (1) year.  Here's an article I found online which you might find helpful. Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/     ... Read Answer

You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage.   Hope this helps.   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/     ... Read Answer

Marianne, I understand your predicament.  You should be guided by the HIPAA authorization your patient signed.  If she authorized the release of her entire medical record and initialed the appropriate box then you can do so with a clean conscience.  There are oftentimes differences between a therapist's narrative report and the actual day-to-day, progress notes.  Of course, if you wish to be on the safe side, you can speak with your patient and confirm that she's allowing the release of her entire record.  At the end of the day, having affirmatively placed her psychiatric condition in controversy, she is going to have to turn over these records one way or another.   Hope this helps.   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/... Read Answer

This is a very interesting fact pattern.  It raises quite a few questions.   How did she aquire the jewelry? Can you prove it was your mothers and yours? What is the value and where and how were you sued?  Feel free to contact me with further details if you are looking for help defending this action.... Read Answer

You have a breach of contract claim against your contractor.  He both breached the contract with the specific question of 9 feet ceilings.   He also violated the building codes which are implicit any contract.   The problem is the contractors insurance may not cover this defect unless there was ancillary damage to other parts of the property.   I am presuming you did not require or request a bond as most residential owners do not.   Hopefully your contractor has some assets and/or some scruples and will fix the problem for you at his cost. ... Read Answer

Sorry to hear what happened to you.  Unfortunately, the statute of limitations in New York for defamation is only one (1) year which likely means your time in which to bring a lawsuit has expired (especially if the reports in question were made in 2018 / 2019).  Additionally, statements made in the course of judicial proceedings are generally entitled to qualified privilege and therefore not actionable.  Here's an article I found online which you might find helpful, https://www.findlaw.com/injury/torts-and-personal-injuries/defenses-to-libel-and-slander.html   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/     ... Read Answer