×
Go back to Martindale-Avvo ➔

New York Civil Litigation Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 5
Do you have any New York Civil Litigation questions page 5 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

Criminal Mischief to my legally parked Vehicle

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue.  It is small claims.
You can sue.  It is small claims.

how do i one start enforcement to colloect on judgemnt?

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Contact your local Sheriff or Marshal.
Contact your local Sheriff or Marshal.

Should I pursue legal action in a sexual misconduct case after business partner threatened me and tried to force me into signing an iron-clad NDA?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
There are civil issues and there are criminal issues.  You definitely can sue but you should also file criminal complaint with the police or DA.
There are civil issues and there are criminal issues.  You definitely can sue but you should also file criminal complaint with the police or DA.

I need to sue cubesmart because I was renting a unit, and I didn't pay for a couple of months. So they sold everything including personal documents

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Your contract allows this.  Have you ever seen "Storage Wars" on TV.  The only obligation is to notify you first.
Your contract allows this.  Have you ever seen "Storage Wars" on TV.  The only obligation is to notify you first.

Is it legal to pay someone majority of the money on a vehicle you both agreed on and the person refuses to give you the vehicle or your money back?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
They cannot keep your money and the car.  You may have to sue for it back.
They cannot keep your money and the car.  You may have to sue for it back.

how can I sue someone that I won a settlement from consumer affairs

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   2 Answers
Depending on the amount, you can hire a lawyer or sue yourself.
Depending on the amount, you can hire a lawyer or sue yourself.

executors & beneficiaries dispute . Real estate sale: Monies not to be distributed until agreed. Escrow or Restraint order on funds? Cost in NYC?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
It is unclear what you need as your post is too cryptic.  The Surrogate's Court Procedure Act basically gives you want you want without doing anything.  If the Executor distributes without a release he runs the risk of personal liability in an accounting.
It is unclear what you need as your post is too cryptic.  The Surrogate's Court Procedure Act basically gives you want you want without doing... Read More

Can I sue for damages and lost income?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot sue for damages and lost income.  Also, I am not sure what the issue is.  The check will clear and you will have your money back.
You cannot sue for damages and lost income.  Also, I am not sure what the issue is.  The check will clear and you will have your money back.

I am summoned to appear in Civil Court, Staten Island, New York. I live in Chino Valley.

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to hire a lawyer in New York.  I charge $500 to answer a civil court case, and more if there are further proceedings.  If you have a lawyer, you do not need to come.
You need to hire a lawyer in New York.  I charge $500 to answer a civil court case, and more if there are further proceedings.  If you have... Read More

Bank account levy?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Only a lawyer, Marshal or Sheriff can send a levy form.  Turn the matter over to a Marshal, if in NYC.
Only a lawyer, Marshal or Sheriff can send a levy form.  Turn the matter over to a Marshal, if in NYC.

We bought a motorcycle and the title was signed by the wife and the bill of sale came from the husband. She ordered a new title and won't give to us

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Essentially, you paid for something you did not receive.  You must sue.  Which court depends upon the amount you paid.  If not Supreme Court, you can only sue for the money back, and then settle for the title.
Essentially, you paid for something you did not receive.  You must sue.  Which court depends upon the amount you paid.  If not Supreme... Read More

what is needed for a defendant to waive a jury in civil case in dockland country new york usa?

Answered 8 years and 6 months ago by attorney Bruce Robins   |   1 Answer
Assuming the case is in in the Supreme Court of Rockland County, and not some other court which may have different rules, a party, usually the plaintiff, files, through his or her attorney (unless htey are acting pro se) a document known as a "Note of Issue" when the case is ready to be placed on the trial calendar.  At that time, the party filing the Note of Issue notes whether he/she/it wants a jury trial or not.  If the party does not indicate that a jury is desired, the other party (generally the defendant) can then request one.  IF they don't, they waive their right to a jury trial,  Thus, assuming that it is the type of case where there can be a jury (some equitable claims must be decided by judges, not juries), the case will be tried before a jury if either side (by their attorneys) timely requests one. ... Read More
Assuming the case is in in the Supreme Court of Rockland County, and not some other court which may have different rules, a party, usually the... Read More

can i sue nurse at hospital for removing my name as my sons father without my or mother of child permission?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Probably not.  I am not sure what happened, but you can go to Family Court and have the birth certificate modified.
Probably not.  I am not sure what happened, but you can go to Family Court and have the birth certificate modified.

I made a personal business loan for 100k. The note has come due and is already almost 2 weeks late. How do I begin swift legal action?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
A commercial litigator.  Suit is in Supreme Court.
A commercial litigator.  Suit is in Supreme Court.

A person owes me more than $10,000 how do I proceed with the case

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue them.  It will be in the court between Supreme and small claims, which name varies based on your location.
You can sue them.  It will be in the court between Supreme and small claims, which name varies based on your location.

My sister is trying to sue me for money she gave me back in 2009. In NY is there a statue of limitation on this? No written or verbal contract.

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
It sounds like the statute of limitations would apply.  So would the statute of frauds.
It sounds like the statute of limitations would apply.  So would the statute of frauds.

Still no small claims judgement months later

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Call the judge's law clerk.  Maybe he forgot.  You can also write the administrative judge, but be nice.
Call the judge's law clerk.  Maybe he forgot.  You can also write the administrative judge, but be nice.

Looking for a lawyer to help me file a suit against a business whom l paid 5,000 to help ship auto to africa since May 2017 and he is not returning my

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
This appears to be a common scam recently.  I have handled these cases.  The issue is collection.  Many of these shippers are not real companies. 
This appears to be a common scam recently.  I have handled these cases.  The issue is collection.  Many of these shippers are not real... Read More

After selling an inherited house in NY one party is claiming mega expenses and Proceeds are in escrowiescrow. The will was probated in Md Where do we

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
You need to bring an accounting proceeding in the MD estate if the property was sold by the estate.  NY jurisdiction is over.
You need to bring an accounting proceeding in the MD estate if the property was sold by the estate.  NY jurisdiction is over.

My brother owes me a lot of money and will pay me when he sells his house.If he should die before that will his wife have to pay me?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Not unless she signed something taking on his debt to you.  I am unclear how you documented your brother's debt to you.
Not unless she signed something taking on his debt to you.  I am unclear how you documented your brother's debt to you.

Is it legal for my mom to take my car from me?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
She and you have an equal right to the car.  If she "takes" it, it is legal.  It is also legal if you take it back.
She and you have an equal right to the car.  If she "takes" it, it is legal.  It is also legal if you take it back.

Absentee landlord rents to smokers. Secondhand smoke issue. HOA nuisance bylaw however won't intervene. Tenants tell realtor they don't smoke. untrue

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue the HOA to act, if the law prohibits smoking in connected apartments.
You can sue the HOA to act, if the law prohibits smoking in connected apartments.

Need an attorney to help me recoup money paid to a shipper who is supposed to ship a car to africa since May 2017 and won't return my money and car

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
This appears to be a common scam developing as I have had two calls on unrelated matters recently.  You can sue the person locally that defrauded you.  Collection is the issue.
This appears to be a common scam developing as I have had two calls on unrelated matters recently.  You can sue the person locally that... Read More

I was wondering if I had a case. My truck had its axle severed from the wheel and other trucks same model and everything have recalls no one is paying

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue Farmers to pay.  It is called a coverage action.  Some lawyers -- not me -- do these cases on contingency.
You can sue Farmers to pay.  It is called a coverage action.  Some lawyers -- not me -- do these cases on contingency.

How do I legally retract an agreement I signed after mediation

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
There is really no way to retract it.  Feeling coerced is not coercion.
There is really no way to retract it.  Feeling coerced is not coercion.
Civil Litigation
New York

Helpful Resources