New York Civil Litigation Legal Questions

The son of sam law prohibits you from keeping the proceeds of your crime or receiving money from activities connected with your crime, for example by publishing a book about it.  It does not prohibit you from earning money in other legal endeavors unrelated to your crime.  However, that does not mean that the victim can't sue you in a civil case for damages he/she sustained by reason of your wrongdoing, but if the wrongdoing occurred in 2007 or earlier, the statute of limitations on such a claim has probably run.... Read More

While adultery is still technically a crime in New York, it is very rarely prosecuted, as well as being difficiult to prove.  By statute, the man could not be convicted based solely on the testimony of your wife.  I doubt that you could convince the prosecutor to press charges.  Moreover, New York has done away with civil actions for alienation of affection, so you couldn't sue him for that.  If the man was your wife's psychotherapist, t is possible that he committed malpractice by engaging in an affair with her but, while you can complain to the proper professional disciplinary authorities, I believe that only your wife would have standing to sue for malpractice, not you.... Read More

I don't see any ethics violation per se - the attorney may not be representing the party as counsel in the lawsuit but still be authorized to negotiate for him/her (for example, you could ask your non-attorney spouse, parent, or friend to negotiate with the opposing party if you think they can do it better than you, but they can't represent you in court or otherwise practice law), or the attorney could have been retained after the complaint was filed.  You could refuse to deal with the attorney until and unless he/she files an appearance with the Court, but how will that benefit you?... Read More

Reading betweenthe lines, it appears as if the attorney never informed the other side that the offer would be rescinded unless accepted within a given period.  The attorney was an authorized agent of the offeror with regard to the offer, so the other side is entitled to rely on what the attorney says.  If there is no automatic deadline, the offer remains open until accepted or pulled.  If the offer was accepted before the other side was informed that it was pulled you may (depending on many other factors) have a valid contract.   You may be able to sue the attorney for malpractice for not informing the other side about the deadline you had placed on the offer, but you will have to prove damages, i.e. that you would have done better if there had been no settlement.  That is very difficult to prove.... Read More

Your chances of being successful would have to be determined, by discussing this in detail with qualified counsel. You have provided 20% of the information necessary towards providing you with an answer to your question. Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com... Read More

When you say this co-worker wrote a statement as a witness, was that in the context of some legal proceeding?  If so, the statement is probably absolutely privileged.  Even if not, it is normally very difficult to prove a libel or slander suit.  For example, defamation (libel or slander) only applies to misstatements of fact ("I saw  him throw the first punch"), not to statements of opinion ("He was most at fault for the fight"). In New York, the statute of limitations on defamation is one year from the date of the defamatory statement.... Read More

I am assuming that the agreement was lost before the beth din issued a hazmoneh.  If the beth din had already seen the arbitration agreement before it was lost, it shouldn't present too much of a problem. Does the other party deny that there was an agreement to arbitrate?  If not, it shouldn't be a problem, you can even execute a new agreement to arbitrate before the beth din if necessary.  If the other party does deny that there was an arbitration agreement, however, and refuses to appear before the beth din, you will probably have to sue in secular court.... Read More

I assume you struck the pedestrian with your car.  If so, notify your automobile insurer IMMEDIATELY about the summons and complaint, and explain the circumstances of how and when you received it.  They should provide you with a lawyer, who will call the other lawyer and arrange a schedule for answering the complaint.  I wouldn't wait too long, however.  If the insurance company doesn't provide a lawyer right away, call the plaintiff's lawyer yourself and explain that you just received the summons because the address was wrong, that you have contacted your insurance company and will be represented by a lawyer, but want to make sure that no default is entered.  Get his agreement to extend your time to answer for a couple of weeks.  Get it in writing (an email is fine)  DO NOT NEGOTIATE ANY SETTLEMENT; explain that you have to leave that to your insurer. If the insurance company won't provide a lawyer, and if the plaintiff's lawyer won't agree to extend your time to answer, or if a default has already been entered and the lawyer won't agree to have it vacated, you will have to make a motion to extend your time to answer or to vacate your default.  Given the circumstances you've described, your motion will likely be granted, but the sooner you make it the better.  If the insurance company will not provide you with a lawyer, you are probably well advised to hire one for yourself.... Read More

No.  A Bill of Costs allows recovery of specific (and somewhat fictional costs) and is created by statute.  It does not actually entitle you to recover your costs.  The payments are based upon how far the litigation goes.  Look at NY CPLR for specifics.  At most it entitles you to a few hundred dollars and not attorneys fees.... Read More

What did the divorce judge hold with regard to the line of credit?  If the issue was already decided by him/her (in ruling that it was marital debt), you cannot relitigate it, although you may (depending on how long ago the relevant decision was issued) be able to appeal that ruling.  Also, the limit for  small claims in New York is $6000, I believe, but you have the right to represent yourself in any action, not just small claims actions. ... Read More

If your wife aready has a judgment against her, it is way too late to simply answer a summons and complaint. The summons and complaint is the first step in a legal action in NY, where the plaintiff notifies the defendant that a lawsuit has been started against her.  Generally, the defendant responds to the summons and complaint, and the parties proceed through the stages of the lawsuit until, either by trial or on motion, a judgment is rendered in favor of one party or the other.  This judgment can be appealed, but there is a limited time to do so.  It is rare for a judgment to be reversed on appeal, and extremely rare, and would require something extraordinary, for a judgement to be overturned later.   If the defendant never responds to the summons and complaint, a judgment can be entered against them on default.  If that is what happened to your wife, she would have to make a motion to vacate the judgment, and the only basis which has a chance of succeeding would be that she was never served with the summons and complaint in the first place, or she had insufficient contacts with the jurisdiction for the Court to have jurisdiction over her.  If she was a resident of NY served with the summons and complaint in a NY action, and simply never responded, there is probably very little that can be done.... Read More