New York Civil Litigation Legal Questions

Call the judge.  Speak to the clerk.  This is not proper.  Do not ignore the court date.  On the date, ask for an adjournment to get an attorney.  Depending on what kind of matter is "on", the matter will be handled accordingly.  For example a motion is different than a trial.... Read More

The only person who can legally change a will is the testator, i.e. the person whose property is being disposed.  Neither the testator's wife, stepson, nor anyone else can do so.  If, however, the testator decides to change his/her will, he/she is not obligated to inform anybody else (unless he has a contract to do so, which is rare).... Read More

The case is in the court system.  In New York Supreme Court (where I assume your case is pending), no judge is assigned until one of the parties seeks something from the Court (e.g. a conference, a motion, etc.) at which time the party must file a "Request for Judicial Intervention", popularly known as an "RJI."  Discovery requests are often served before a judge has been assigned although, depending on what County your case is in, you may not be required to respond until a discovery conference is held, which would require the filing of an RJI. ... Read More

The limitations period for breach of contract (e.g. failing to pay a bill when due) in NY is 6 years from the breach, but the limitations period for collecting on a judgment is 20 years.  Thus, if the plaintiff has already sued and obtained a judgment for your failure to pay the debt, he/she/it still has plenty of time to try to collect on it. You can be sued for anything, but if you are sued for a 7 year old breach of contract in a situation where NY law applies (to the best of my knowledge, no state has a breach of contract SOL longer than 6 years, so choice of law not really an issue in this example) you would have a complete defense to that claim unless the plaintiff can show that an exception to the limitations period applies, such as that you reaffirmed the debt less than 6 years ago (so, if you fail to pay in 2008, but write the creditor in 2011 to say that you know you owe the money and will try to pay, the limitations period would start to run again from 2011).  Even if you defeat the claim on the 7 year old breach, the claim on the 3 year old breach would survive.... Read More

That depends on the basis for the summary judgment.  If, for example, summary judgment was granted because the Court lacked jurisdiction over the defendant, that would not be "on the merits" (which also means the dismissal is without prejudice.")  If summary judgment was granted because, for example, the undisputed facts showed that the defendant had not breached the contract on which he/she was sued, that dismissal would be "on the merits" and "with prejudice."... Read More

By definition, a loan is a contract, i.e. an agreement that the money will be repaid.  If there were no such agreement, it wouldn't be a loan, it would be a gift.  Thus, whether you have to pay the money back depends on the agreement or understanding between the two of you.  Were these transactions intended to be gifts?   Were they investments in, for example, your rentals?  I understand that you may not have thought about this when the transactions occurred, but if this dispute winds up in court, that is what the court will be tryng to figure out.... Read More

She has standing to sue you; she is under no obligation to accept your repayment schedule, as you are under no obligation to accept hers.  If an agreement does not specify the time period in which a loan is to be repaid, a court will imply a "reasonable" amount of time under all the circumstances.... Read More

You can't get a judgment against someone unless that person or entity is a  party (usually the defendant, but sometimes the plaintiff or other party) to the lawsuit in which the judgment is entered, except possibly where there is a contract that provides for the entry of a judgment upon default.... Read More

I someone gets a judgment against you, they can place a lien on your house for the amount of the judgment.  If you don't pay the judgment, the judgment creditor can foreclose on that lien to collect on the judgment.  In some states, a person's residence is exempt from collection efforts, but in New York I believe it is only exempt up to $10,000 in equity, meaning that if your house is sold for more than $10,000 above what is owed on it (to mortgagees), the excess can be seized by the judgment creditor to help pay the judgment.... Read More

Of course you can sue, but you may have a difficult time winning.  In addition to having to convince a judge or jury that you had jewelry stolen, and that this was due to the hotel's negligence, most hotels have provisions in their contracts which limit their liability in the event of such a loss.  You will probably find something in your paperwork along the lines of the following:  "Hotel's liability in the event of loss or damage to Guest's property is limited to the amount of $50."  You may also find something that, like car rental agreements, offered you the option of paying for extra security or to waive or increase the limitation on liability. The limitation on liability clause would not be enforceable if you can show that the hotel was grossly negligent or reckless, but may well be enforceable if the hotel was only negligent.... Read More

The statute of limitations depends on what claim you are asserting.  If you are asserting that your attorney committed malpractice, the NY statute of limitations is 3 years from the malpractice, but the time would be tolled during the period that the attorney continued to represent you in the same matter.  However, if this person was not an attorney (you said that he/she lost his license), there would be no claim for attorney malpractice.  Without knowing exactly what your situation is, I can see facts which would give rise to a breach of contract claim (6 years from the breach), fraud claim (the later of 6 years from the fraud or 2 years from when you discovered or reasonably should have discovered, the fraud), or possibly other claims.... Read More

What does the divorce judgment say about ownership of the ring, and how long ago was it entered?  If the judgment states that the ring belongs to your mother (for example, if it provides something along the lines that each party shall retain the personal property they brought into the marriage) then your mother can enforce that judgment, unless she has waited too long to do so.  There is no bright line test for what "too long" may be, as a number of factors must be considered.... Read More

I can't imagine that this is the first time that you've encountered this problem in 40 years.  If so, you've been exceptionally lucky!  You can sue the client in small claims court, but if it were me I would first send the client a letter telling him/her/it that if he/she/it doesn't pay your balance in full within (pick a period of time with which you're comfortable), you will be forced to seek the Court's help.... Read More

Your question states that a discovery demand has been made in the context of a court proceeding, but the body of your statement states that the request is being made outside of court.  If this is a discover request, you can't pick and choose, but rather must proviide every relevant document which is in your possession or control and is requested by the opposing party.  Absent a Court proceeding, however, your cooperation is purely voluntary until and unless the other side takes the matter to court, and seeks discovery.  However, even outside of court, if you withhold relevent documents which are requested while representing that you have provided everything asked for, and the other side relies on the information you provide, you may be committing fraud.  For example, if your income is at issue, the other side asks you for documentation showing all your income from 2013, and you only  provide 1 of 2 w-2's you received from different employers, without disclosing that you had additional income, that could be fraud.... Read More