New York Civil Litigation Legal Questions

Sorry to hear what you've been going through.  Certainly not what you expected when you purchased your new home.  Based upon what you've described you may very well have a case.  You might want to start by checking if the roof came with a warranty, whether from home manufacturer or the roof manufacturer.  Here's something I found online that might be helpful.  https://www.championhomes.com/homeowner-resources  If there is no warranty and/or the warranty has expired and neither of them are agreeing to cover the cost of repairs, you should find yourself an experienced attorney in your area.  You can find one using the Find a Lawyer tab at the top of the Lawers.com website. Hope this helps, Joanthan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Try using the Find a Lawyer tab at the top of the Lawyers.com website.  You should be able to find an attorney who has experience handling these types of claims. Best regards, Joanthan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY 10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Assuming that this person knowingly made false and derogatory statements of fact (notopinion) about you, you can sue him/her in civil court, but you have not mentioned sustaining any damages.  Depending on what the lies were,you may not be requried to prove damages to win (some lies,including lies about your competentce in your job, are consdered defamation per se and damages are presumed), but since you apparently came to no harm from the defamation, you probably woulnd't be awarded much money even if you won.... Read Answer

You can see if the DA's office is willing to press charges.  Whether it chooses to do so is up to the DA, not you.  Here's an article I found online which discusses the legal consequences of filing a false police report (usually a misdemeanor).  https://criminal.findlaw.com/criminal-charges/filing-a-false-police-report.html  As for bringing a lawsuit against your drunk neighbor, that might be more of an uphill battle, especially if you were not arrested or imprisoned.  In other words, apart from the inconvenience of having you gun temporarily taken away, what are your damages?  In any type of defamation / slander case, you need to have suffered damages in order for there to be a viable lawsuit.  Here's another article I found online that discusses these types of lawsuits.  https://injury.findlaw.com/torts-and-personal-injuries/defamation-libel-slander.html Hope this helps. Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

I'm so sorry to hear you're having to deal with this.  Cerainly in these difficult times the last thing we want is for our mail delivery to stop.  That said, a civil lawsuit might not be the most practical way of addressing this.  The cost of bringing and prosecuting a lawsuit would likely outweigh any damages you could recover.  You'd be better off contacting the post office, in writing, and explaining your situation.  And perhaps take a trip to your local post office and speak with the supervisor about getting your mail reinstated (and your old mail delivered).   Hope this helps. Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY 10006 (212) 226-6662 www.kdrpilawyers.com  ... Read Answer

Letters such as this one can be considered a contract that can be enforced, however a review of the content of the letter would need to be analyzed. Keep in mind that a claim for breach of contract has a statute of limits which means you need to file suit within a certain time period. Every state has different deadlines. Keep in mind also that the legal effort needed to be expended may be worth more than the amount of the claim. Accordingly you may want to consider suing them in small claims court. Discuss with counsel in your state about these and other legal options. ... Read Answer

Ms. Haas, there are a lof of unanswered questions.  Against whom was the judgment obtained?  An individual or a corporation?  Was it obtained while your father-in-law was still alive?  Did he pass away while the proceeding was ongoing?  Was your sister-in-law a defendant because she was a signatory to a contract or involved simply because she's the executrix / administratrix of his estate?  Assuming the judgment was entered on default, was entered against your late father-in-law while he was still alive, there are three things you can do: pay the judgment, try to negotiate with the creditor, or retain an attorney and try to vacate the judgment (assuming you have a meritorious defense).  She should really speak with an experienced attorney to hash out her available options. Hope this helps. Jonathan R. Ratchik, Esq. Kramer, DunleavY & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Did the person make any complaints about the workmanship of the work you completed?  How much are you owed?  Did you attempt to resolve the dispute by sending the other party an attorney demand letter?  That might be more effective initiatlly before filing the lien. Lou Russo Russo Law LLC    lrusso@russolaw-llc.com​ 929-262-1101 www.russolaw-llc.com    ... Read Answer

Depends on what you mean by "co-sign".  If you are simply guaranteeing finance payments under a lease without having any actual ownership interest in the vehicle, then you cannot simply take the vehicle from him.  Especially if he's still making payments.  You might want to have a converation with your ex-boyfriend and see if he will voluntarily turn over registration to you. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Sorry to hear about your boyfriend's drums.  Any civil litigator should be able to handle this matter.  Unfortunately, the cost of retaining an attorney might outweigh the value of the drum set.  Your boyfriend might want to consider calling the police in Arizona and file a stolen property report.  That might be enough to scare the woman into returning the set. Hope this helps. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

So sorry to hear what happened to you.  Unfortunately the City of New York has what's called "qualified immunity" for these types of decisions and, generally speaking, is not responsible for bad decision making.  In other words, the City's decision not to perform a background check on this homeless man before placing him in your community is not actionable absent some special relationship between you and the City. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read Answer

In New York State, you can sue someone for the negligent infliction of emotional distress if the underlying conduct is so shocking and outrageous that it exceeds all reasonable bounds of decency and causes severe emotional distress.  Unfortunately, this woman's conduct, as distasteful as it may have been, does not appear to have risen to that level. Best regards,   Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read Answer

It depends upon the terms and conditions that were incorporated into the ticket you purchased.  I'd imagine, those terms include a provision limiting the airline's liability but its tough to say without reading them.  Sometimes in these circustances a demand letter from an attorney will get it sattentions but it doesnt always work. Feel free to contact me. Best, Lou Russo Russo Law LLC www.russolaw-llc.com lrusso@russolaw-llc.com 929-262-1101  ... Read Answer

A marriage in any state is valid in any other state.  There is no need for you to marry your "current wife" in NY if you already married in Florida.  If you marry someone else, however, while still married to the person you married in Florida, you will have committed the crime of bigamy,and your second marriage will not be valid.... Read Answer