New York Civil Litigation Legal Questions

It is not a question of how much you've been damaged, but of how much the other party can pay. A settlement is a voluntary agreement to resolve a dispute.  You can't get more in a settlement than the other side is willing to pay voluntarily, and it would be very unusual for anyone to offer more than the insurance policy, unless they are partiuclalry wealthy.  Certainly the insurance company will not contribute more than the policy limits.  Whether you can collect more if you litigate the matter all the way through trial depends first on whether you win, and second on whether the person who hit you has assets beyond the insurance policy.  If, as often happens, that person has nothing else or only minimum assets, all you can collect is the limit of the insurance policy, because the person who hit you has nothing ele to pay, regardless of how much the jury awards you  Sometimes, even if the person has some assets beyond the policy, it is not worth turning down a settlement and going through the time and hassle of a trial, risking losing, just for the possibility of being able to collect a little more.... Read Answer

Ms. Thompson, sorry to hear what you're going through.  In any defamation case, you must not only show that the statements being made about you are false (as opposed to mere opinion which is NOT defamation) but that you've suffered an actual injury as a result.  Here's an article I found online which you might find useful.  Keep in mind that it is unlikely that the students who are sending these emails have any assets worth recovering.  Even if you won a lawsuit, you'd likely end up with nothing more than a paper judgment. 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 file.  The other side will probably move to dismiss based on the prior dismissal and you will litigate whether the prior dismissal was with or without prejudice.  If there really is no discussion of why your case was dismissed, and only a paper which says dismissed (which would be very strange and unlikely), it ws probaly on procedural grounds and would be without prejudice.... Read Answer

Small claims in New York must be under $6,000 I believe.  If it is over that amount, you will have to start the action in the next highest court (if NYC that would be the Civil Court of whatever NYC borough; if outside the City, probably in the District Court of whatever county)..Whichever court you decide to file in, the website for that court will give you instrucitons about how to proceed, and if you have any questions, the clerk of that court can help you.... Read Answer

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

  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

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

Sorry to hear what you'e been going through.  Inasmuch as your aunt did not owe you any legal duty and was not legally obligated to maintain ownership of the house, you cannot sue her for any emotional distress.  Especially if your mother agreed to the sale of the home.     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

  I'm so sorry for your loss.  Unfortunately, you likely do not have a case against the MTA / NYCTA.  The MTA / NYCTA did not owe your father a duty of care.  Additionally, you would have a very difficult time proving that the COVID strain from which your father died was the same strain which had been identified at work as opposed to a strain which you may have brought home from elsewhere.   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

  Ms. Glasgow, generally speaking, making statements about someone in the context of a custody proceeding are privileged and not defamatory.  Here's an article I found onlline whicy you might find useful.   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

Ms. Rodriguez, defense counsel should not have been blocking your questions unless they were palpably improper or sought disclosure of privileged / confidential information.  Objetions to the form of a question are permissible.  That said, if you seek a further deposition of this witness you'll have to file a motion in Court compelling the defendant to appear for such.  You'll need to attach a copy of the deposition transcript so that the Court can determine whether defense counsel's interference was justified.   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

If a judgment is awarded against you in the lawsuit, a lien can be asserted against your interest in the property.  If by "jointly owned" you mean owned as joint tenants or tenants by the entirety, the lien would only attach to your surviviorship interest in the property.   The judgment creditor would not be able to collect on it until and unless the other owners died, although it would present an obstacle if you wanted to sell the proiperty at any time. If, however, you own the property as tenants in common, the judgment creditor could foreclose on your interest to satisfy the judgment as soon as the lien is recorded.... Read Answer

No, you cannot.  The lawsuit was between the Archdiocese and the State of New York.  The Supreme Court's decision was the last and final word on the matter.  And the Supreme Court cannot be sued by individuals for decisions with which they disagree. 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

Sorry for your loss.  You may want to consider hiring a trusts and estates attorney to sort through this.  Designating someone as a beneficiary is supposed to avoid the headaches associated with probating a will, etc. but his use of your incorrect last name muddied the waters so to speak.  Hopefully you can provide sufficient documentation to prove that you are, in fact, the individual identified as the beneficiary.   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

It really depends on the nature of the litigation.  In personal injury litigation the attorney works on a contingency fee whereby the attorney does not get paid unless there is a recovery for the client.  In your case, however, it is unlikely any attorney would accept the case on a contingency fee as it's unclear what type of recovery, if any, you would make.  In that case, they would probably charge you on an hourly basis.  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

I'm sorry for your orderal.  I'm not an expert in banking law, but I don't believe that you are legally responsible for the unauthorized charges.   Anybody can sue anybody for anything, but you haven't mentioned anything in your email which wuld impose liability on the Holdiay Inn.  In order to hold the hotel responsible, you will have to demonstrate that the hotel was in some way negligent and that its negligence led to the robbery.  Secuity cameras didn't work and hadn't been repaired for weeks.  Hotel employees had reports of suspicious individuals knocking on guest doors and had done nothing about it.  Hotel employees saw the robbers enter with guns in violation of hotel rules but did ntohirng about it.   Etc.... Read Answer

If you convince the court that you bought the dog for yourself, and either using your ex's money was a gift to you from her or a loan which you repaid, the court will rule that the dog is yours.  I assume, however, that your ex disputes this, and claims that either she bought the dog for herself, or that you gifted it to her.  It depends on who the judge (or jury if you have a jury trial) believes.... Read Answer

Can you be used?  Yes.  Will the buyer prevail?  Depends, both on the nature of the problems and when they arose relative to the sale.  Although you may have sold the tractor "as is", if you told the buyer that the tractor was in working condition then it was not sold "as is" but with an implied warranty of merchantability.  Here's an article I found online that you might useful, https://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html   Hope this helps. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer