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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 7
Do you have any New York Civil Litigation questions page 7 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 need to find a lawyer in Long Island. Suffolk County. This is for a case I need to start.

Answered 9 years and a month ago by attorney Lori Nevias   |   1 Answer
You've come to the right place, but more information is needed!
You've come to the right place, but more information is needed!

Motion for summary judgement

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
There is no time limit.  Usually a month or two.
There is no time limit.  Usually a month or two.

How can I obtain a satisfaction of judgment where lien was already paid by cashiers check but recipient refuses to sign the proper form out of spite!

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
While it goes without saying, you should have insisted on the satisfaction at the time of payment.  There is a simple motion you need to make to vacate the judgment.  Unfortunately, a lawyer will charge more than the amount involved at this point, but that is where you are.
While it goes without saying, you should have insisted on the satisfaction at the time of payment.  There is a simple motion you need to make to... Read More

contruction of a new building damages neighobors building

Answered 9 years and 2 months ago by attorney Lori Nevias   |   1 Answer
I would need more details to give a more detailed answer, but yes. Construction of a new building that damages a neighboring building with runoff or diverted water draining onto the neighboring property can definitely be grounds for a lawsuit.  
I would need more details to give a more detailed answer, but yes. Construction of a new building that damages a neighboring building with runoff or... Read More

Is there any statue of limitations for supposedly owning a school, that was close prior to the date in question

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no statute of limitations on a student loan.
There is no statute of limitations on a student loan.

Do I have a case to sue my lawyer for malpractice ?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
This is not malpractice, but an ethics issue.  Call the Monmouth County Bar, and submit an ethics grievance to the ethics committee.
This is not malpractice, but an ethics issue.  Call the Monmouth County Bar, and submit an ethics grievance to the ethics committee.

Can I sue, in small claims court, for the difference in damages and what a 3rd party insurance company paid.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
The answer is yes, subject to your contract.  Most storage facilities limit their liability on the theory they have no idea what you have in there.  Thus, your contract may require that you declare and purchase insurance for whatever you deem the value to be.
The answer is yes, subject to your contract.  Most storage facilities limit their liability on the theory they have no idea what you have in... Read More

How do I file an Answer to Complaint in a distant location?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
A lawyer can file for you.  Use an Albany lawyer.  Or, with efiling of cases, you can use a local lawyer here.
A lawyer can file for you.  Use an Albany lawyer.  Or, with efiling of cases, you can use a local lawyer here.

Can I sue McDonald's for chipping my tooth while eating chicken McNuggets

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Sure.  But a chipped tooth, if you can prove it, is not much in damages.
Sure.  But a chipped tooth, if you can prove it, is not much in damages.

I bought a used vehicle from a private owner for $3200. 4 days after the purchase the check engine light came on. What should i do?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Nothing you can do.  Purchases are as-is unless a representation was made to you about this issue.
Nothing you can do.  Purchases are as-is unless a representation was made to you about this issue.

I won a small claims received my first check and my name was spelled wrong. I returned the check to marshal said I would get another one. Was I wrong

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Maybe pedantic, but not wrong.
Maybe pedantic, but not wrong.

I need to speak to someone about a civil judgement

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
401(k) is safe.  Your bank account and wage income is not, but there are certain exemptions should you get a levy notice.
401(k) is safe.  Your bank account and wage income is not, but there are certain exemptions should you get a levy notice.

am i within the statue of limitation for a fraud case?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends on who is the fiduciary of the estate, who has the money and what you would have gotten in any event.  Your post is too unclear.  If the estate is open it might be a turnover proceeding and would be timely.
It depends on who is the fiduciary of the estate, who has the money and what you would have gotten in any event.  Your post is too... Read More

A question about my rights to visit my father who has Alzheimer's. I'm his daughter from his first marriage. His 4th wife won't let me visit him.

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You can bring a petition in the Family Court.  Visitation of a parent is like visitation of a kid.  Talk to a lawyer.
You can bring a petition in the Family Court.  Visitation of a parent is like visitation of a kid.  Talk to a lawyer.

cancelled at Oheka castle that was to be a venue for my wedding. I signed a contract with them in 2/2015 for a July 3rd 2016 wedding. I cancelled 8 mo

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Your rights are governed by the contract.  If the contract allows no refunds, the offer of $5000 seems fair.
Your rights are governed by the contract.  If the contract allows no refunds, the offer of $5000 seems fair.

how to find out partys envolved in a lawsiut

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Search the court docket where the suit is being done.  Then go to the clerk and pull the file.
Search the court docket where the suit is being done.  Then go to the clerk and pull the file.

What kind of lawyer would I need wa s Oksue

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
I am not sure why you were not able to vacate this judgment if it was on default.  But if you made such a motion, making another, with an attorney, is harder than had you never done it at all.  I have handled these cases and it always works out.
I am not sure why you were not able to vacate this judgment if it was on default.  But if you made such a motion, making another, with an... Read More

How do you serve legal papers on someone?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
The rules are different in each State and court, so more information is needed.
The rules are different in each State and court, so more information is needed.

Hi, how can I get my security deposit back from the landlord after I won the case at the small court ? Thanks

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends where you are located.  You did not post a town.  You need to contact a Marshal if there is one, or Sheriff.
It depends where you are located.  You did not post a town.  You need to contact a Marshal if there is one, or Sheriff.

can a party take submission or question during cross examination as part of evidence of the party who is represented by the examiner?

Answered 9 years and 6 months ago by attorney Bruce Robins   |   1 Answer
If I understand you correctly, you are asking if a party can utilize evidence elicited during cross-examinaiton of an opposing party or witness.  Certainly.
If I understand you correctly, you are asking if a party can utilize evidence elicited during cross-examinaiton of an opposing party or... Read More

if the emtity is from and i want to file a lawsuit in New York. Where do I file the lawsuit in New York or in Alaska?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Real property litigation must be where the property is located.
Real property litigation must be where the property is located.

Is it legal for a small claims court judge to call claimant at home, in order to inform him that court proceedings have started

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
It is legal, but it is weird.
It is legal, but it is weird.

Condo harassment and threat

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You did not state your location.  If you suspect mental health issues, you can call the Dept. of Mental Health for investigation.  You can also demand the condo board intervene, and threaten to sue it.  The house rules obviously prohibit this conduct.  But the police are right.  Nothing is a crime yet.... Read More
You did not state your location.  If you suspect mental health issues, you can call the Dept. of Mental Health for investigation.  You can... Read More

My landlord threw my belongings out after I was evicted. What are my options?

Answered 9 years and 9 months ago by attorney Lori Nevias   |   1 Answer
Dear Darshaun:  The answer largely depends on where you live. If you're in Nassau county the landlord is required to store your belongings for 30 days after the eviction using a licensed mover and storage facility.. This rule does not apply in other counties. 
Dear Darshaun:  The answer largely depends on where you live. If you're in Nassau county the landlord is required to store your belongings for... Read More

What should i do if i am being sued for an injury caused by an automobile accident?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Refer it to the insurance in place at the time.  Do it ASAP.  Failure to timely send claim can cause company to reject it.
Refer it to the insurance in place at the time.  Do it ASAP.  Failure to timely send claim can cause company to reject it.
Civil Litigation
New York

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