New York Civil Litigation Legal Questions

What is a "depiction"?  Do you mean "petition"?  It depends if it is contested or not, and whether all parties have waived a hearing or not.  Three years is a long time, unless this is related solely to a personal injury case and the law firm held the papers to see if there would be a settlement.... Read More

You should accept the papers.  Doorman service is legal.  If the server leaves them, and says they served you on a service affidavit, the service is legal.  If your tenants never get notice and/or defend cases, they will have default judgments.  Thus, you should take it, and give it to the people.  If a person does not live there, you can refuse it like certified mail.  However, it is up to the lawyer for the tenant to try to undo the service, not you.... Read More

There is nothing you can do at this point.  Your contract with the co-signed is irrelevant to the bank.  You have to pay if he does not.  You have no damages really at this point to sue, as the late payments are being accepted, and the account is basically current.  The lowering of your credit score, etc., is not really actionable.... Read More

If you had insurance at the time, then you need to notify your insurance company ASAP.  If you had no insurance, but you now have a homeowner's policy, you may be covered under that.  If you had no insurance and have no insurance now, you need to answer the complaint.  Once the plaintiff finds there is no insurance, he will lose interest.  He is also suing the owner of the building you were in I imagine, and there would be insurance there too.... Read More

That depends on the arrangement you make with your lawyers.  If you are paying your attonreys a percentage of the recovery rather than on an hourly basis, and it is a personal injury lawsuit, the typical fee is one third.  This does not include disbursements, such as filing fees, expert witness fees, etc. which you must pay win or lose and which, if they haven't been paid at the time of recovery, come off the top.  If it is not a personal injury case or collection matter, it would unusual (but not that unusual) for the attorney to agree to a contingency fee, as opposed to an hourly rate.... Read More

Building maintenance and safety are generally a principal's responsibility. Custodians report to principals. Discuss with your principal first. Then report to human resources. Then enlist your union's support. Transfer to another school if possible. Be very careful. If you do not have tenure your contract may not be renewed. Health and safety inspections are conducted to make sure rodents have not chewed through electrical wires causing fire hazards. Seek legal counsel if you decide this is a matter of public concern or safety issue and not part of your job duties BEFORE you speak publicly. Otherwise you might lose your job. Good luck. A lawsuit would probably be very expensive might take many years and for most people is a last resort. ... Read More

What is your question? The common law is very much alive in New York. The Master Servant Doctrine, Faithless Servant Doctrine and Duties of Loyalty to employers all apply. If an employer believes that employees can benefit from training or retraining employers may require employees' attendance. On the other hand employees "at will" may be terminated for no reason at all. Yes, most employees are "at will." And many employers choose not even give an employee a reason for firing them and that's ok. Unless you work for the government, a union or have the rare employment contract stating that cause is needed before termination. Biggest mistake employees make? They either fail to report illegal conduct they hear or see OR they are instructed by human resources not to discuss a reported incident or workplace issues and the employee disobeys human resources which is almost always insubordination. That's a great reason to fire someone. Report any unlawful conduct. Then remain silent during any investigation. No supervisor needs to treat any employee nicely. The boss can be nasty to everyone. The employee should not reciprocate. Doing so could be insubordination. It's what I call an employment law reality check. Some lawyers may not want to tell potential clients this blunt truth.... Read More

If you filed bankuptcy, you did the only thing you can do.  I assume you have a lawyer.  Use that person and do the Loan Modification program in the court.  Do not miss the deadline for doing this.  You have not paid in many years.  You are going to owe money.  The oral promise to accept payment after default is not going to be an argument for reducing the balance.... Read More