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New York Civil Litigation Legal Questions

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276 legal questions have been posted about civil litigation by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
New York Civil Litigation Questions & Legal Answers - Page 4
Do you have any New York Civil Litigation questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 276 previously answered New York Civil Litigation questions.
Civil Litigation
New York

Recent Legal Answers

i am looking for a lawyer for a civil law sue

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Call any one of us, but make sure you answer on time.
Call any one of us, but make sure you answer on time.

i was sued on a action that happened over 6 yrs ago and i believe i have a SOL defense. what type of attorney do i need?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Depends on the type of case, but you are right that you can dismiss it.  But, you must move in the time to answer after service.
Depends on the type of case, but you are right that you can dismiss it.  But, you must move in the time to answer after service.

I am a model and a photographer that I shot with has not been responding to me and he refuses to give me a copy of the photos.

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Your rights are governed by whatever agreement you signed.  The standard agreement gives all rights to the photographer.  It would unusual for you to get a free copy.
Your rights are governed by whatever agreement you signed.  The standard agreement gives all rights to the photographer.  It would unusual... Read More

what is the usual sentence for a first time felony parole violation

Answered 7 years and 8 months ago by Jonas Urba (Unclaimed Profile)   |   1 Answer
You are asking a criminal law question. Repost it under that heading.
You are asking a criminal law question. Repost it under that heading.

Looking for a legal firm/ lawyer to help me file a small claims petition to get my car back in my possession! I own the title someone used the car!

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
I will help you. Small claims can only award money damages.  You can sue for the value of the car, but only the Supreme Court can order turnover of it.  As you have no proof of your deal, the person will claim you gave them the car.  As it is registered in their name you cannot report it stolen.... Read More
I will help you. Small claims can only award money damages.  You can sue for the value of the car, but only the Supreme Court can order turnover... Read More

Can I be sued for stating my opinion in a Facebook private group about a controversial local public figure?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
Anyone can sue anyone if you pay the filing fee.  It sounds like this case would not succeed and would be readily dismissed.  Unfortunately, you are going to have to answer the case and move to dismiss it.
Anyone can sue anyone if you pay the filing fee.  It sounds like this case would not succeed and would be readily dismissed. ... Read More

Help! can no longer get in touch with our attorney and he started a lawsuit for us. Where do I go from here?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Get the file from the court, and see where things stand.  Bring it to a new lawyer.
Get the file from the court, and see where things stand.  Bring it to a new lawyer.

I was given a case # 01448363 and an attorney would contact me.

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Told by who?  The case number you gave is meaningless.
Told by who?  The case number you gave is meaningless.

Looking to be referred to a Pro Bono Attorney for CivilLitigation

Answered 7 years and 9 months ago by Carmen S. Giordano (Unclaimed Profile)   |   1 Answer
We need more specifics on your case.
We need more specifics on your case.

What happens if the judge decides that our case that is going before her in summary judgement has to go before a trial and we can't afford it?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
It is inconsistent to say that you have no money to litigate but that the case is worth litigating.  You may have a cash flow issue, but that is not the same thing.  Given all you claim to have spent, you are really confused about the case in a way that concerns me.  Summary judgment is a motion that says that the documents and law can resolve the case, so an in person trial is not needed.  It has nothing to do with arbitration, which is what the court often orders to save legal fees.  If there is this much on the line, you need better advice.... Read More
It is inconsistent to say that you have no money to litigate but that the case is worth litigating.  You may have a cash flow issue, but that is... Read More

Can I file a combined Motion to Renew and Reargue and Appeal at the same time?

Answered 7 years and 10 months ago by attorney Bruce Robins   |   1 Answer
Yes.  You have to file a notice of appeal, but do not have to perfect it by filing a record on appeal and briefs (which is expensive) for some time, and thus will hopefully have a decision on your renewal/reargument motion before you have to perfect.
Yes.  You have to file a notice of appeal, but do not have to perfect it by filing a record on appeal and briefs (which is expensive) for some... Read More

How can I file a judicial partition in NY Supreme Court

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You do not need a partition if the divorce judgment says what you say it does.  You need a motion to enforce the judgment in the divorce court.
You do not need a partition if the divorce judgment says what you say it does.  You need a motion to enforce the judgment in the divorce court.

My son and his girlfriend got into a fight, have broken up, and she refuses to pay him money back that is owed to him and me should we go to court?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue in small claims, but your case is tough as there is no agreement to pay.
You can sue in small claims, but your case is tough as there is no agreement to pay.

Do I have a civil Lawsuit ?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
Talk to a personal injury lawyer.  Consultation is free if you have a case.  Seems weak to me.
Talk to a personal injury lawyer.  Consultation is free if you have a case.  Seems weak to me.

Looking for a lawayer

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
She can sue the friend, but she is liable to the bank as she signed.
She can sue the friend, but she is liable to the bank as she signed.

what type of lawyer a former co-worker of mine is suing the company for sexual harrassment and named me as a respondent.what type of lawyer do i need

Answered 8 years ago by attorney Sharon M. Siegel   |   2 Answers
The company's lawyer might represent you too.  Find out.  Second, call your homeowners insurance.  Sometimes it is covered.  Last resort, you need an employment lawyer that does defense work.
The company's lawyer might represent you too.  Find out.  Second, call your homeowners insurance.  Sometimes it is covered.  Last... Read More

How do I get a refund of unearned fees from my lawyer who died last year?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
You need to file a claim in his estate in New Jersey.  Also, contact the New York City bar. 
You need to file a claim in his estate in New Jersey.  Also, contact the New York City bar. 

my divorce lawyer won a judgement for 14,000 against me. i filed 7 and my lawyer included the judgment , i got the discharge-is the judgment included?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
The judgment is discharged.  It is not removed.  Both your discharge and the judgment are reported, and your score is not impacted by the discharged judgment.
The judgment is discharged.  It is not removed.  Both your discharge and the judgment are reported, and your score is not impacted by the... Read More

I have an ex girlfriend who helped with a down payment on a car. Now that we are not together, she is asking for this money back. TYPE OF LAWYER?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
If it was a loan, you need to pay it back.
If it was a loan, you need to pay it back.

I'm having an issue with my landlord not maintaining the property. I complained and now he is changing the arrangement I had with original owner.

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
Your lease will assign this obligation.  Oral statements cannot modify the lease.  If you have no lease, you have no deal.
Your lease will assign this obligation.  Oral statements cannot modify the lease.  If you have no lease, you have no deal.

I have a copy of the bronx court's disposition. Where i was completely exonerated of all criminal chages. I need a competnt attorney to file a c-suit.

Answered 8 years and a month ago by attorney Warren S. Hecht   |   1 Answer
When were you arrested? What were you charged with? Who was the person who claimed you committed a crime.  Was it a police officer or a civilian. Were there any other witnesses?  How long were you incarcerated?  When were you released?  Were you working when you were arrested? Did you suffer any physical or emotional injuries as a result of the arrest and prosecution of the case against you?  Do you have a criminal record? ... Read More
When were you arrested? What were you charged with? Who was the person who claimed you committed a crime.  Was it a police officer or a... Read More

Appeals

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
The Appellate Term of the Supreme Court in your county.
The Appellate Term of the Supreme Court in your county.

My sister, from Oswego, NY moved to PA in seek of PFA from her now x-husband. She continually receives calls from the banks for the repayment of debts

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
She needs to talk to her divorce lawyer.  These things should have been handled in the divorce, and any breach of the divorce agreement requires a motion in matrimonial court.
She needs to talk to her divorce lawyer.  These things should have been handled in the divorce, and any breach of the divorce agreement requires... Read More

How do I recover money from company credit card misuse by an employee?

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue for the $10,000.  Statute of limitations is six years from last payment to you.
You can sue for the $10,000.  Statute of limitations is six years from last payment to you.

Can I retrieve my husband money? There was no evidence of the crime nor was he found guilty.

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  You need to do a voluntary estate administration for it.
Yes.  You need to do a voluntary estate administration for it.
Civil Litigation
New York

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