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135 legal questions have been posted about general practice by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
New York General Practice Questions & Legal Answers - Page 2
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General Practice
New York

Recent Legal Answers

I am suing PayPal in NY and have two questions: --is there a NY address on file for PayPal?--do I have to file in a particular location?Thanks!

Answered 5 years and 11 months ago by attorney Louis A. Russo   |   1 Answer
Any dispute with PayPal will be governed by the PayPal terms and conditions available here: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full It appears any disputes will need to be resolved through arbitration under the AAA rules. You should consider hiring experienced arbitration counsel to help you prosecute your cliams in this arbitration setting. Russo Law www.russolaw-llc.com info@russolaw-llc.com 929-262-1101... Read More
Any dispute with PayPal will be governed by the PayPal terms and conditions available... Read More

My attorney had an escrow account in his name for me but passed away how do I get my money?

Answered 6 years and 2 months ago by attorney Louis A. Russo   |   1 Answer
Contact IOLA https://www.iola.org/ as they should be able to point you in the right direction.  
Contact IOLA https://www.iola.org/ as they should be able to point you in the right direction.  

Does the stock sale of an s-corp cause a breach of the non-assignment clause in contracts the selling company has with clients

Answered 6 years and 4 months ago by attorney Bruce Robins   |   1 Answer
In a vacuum, a stock sale changing ownership of a corporation is not an assignment of the corporation’s assets or liabilities the same entity is still obligated and getting the benefits.  However many contracts define “assignment”  to include a change in the corporation’s control.  You need to look at the underlying contract to see how assignment is defined. ... Read More
In a vacuum, a stock sale changing ownership of a corporation is not an assignment of the corporation’s assets or liabilities the same entity... Read More

i have a furniture restoration business. how long have to hold the furniture if i don't get a work order. can dispose the furniture after 2 month?

Answered 6 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends what your invoice says.  If none, you cannot just get rid of it.
It depends what your invoice says.  If none, you cannot just get rid of it.

Severe, recurrent noise complaint

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
A sidewalk is public.  If the noise does not rise to levels that are illegal, you are out of luck.
A sidewalk is public.  If the noise does not rise to levels that are illegal, you are out of luck.

I transferred the title and registration over to the co-signer of the vehicle that I am currently the primary owner of. How do I transfer the loan?

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   2 Answers
Nothing.  The loan was made on your credit.  It will not be transfered.  Now you do not even have the car.  Not a good move.
Nothing.  The loan was made on your credit.  It will not be transfered.  Now you do not even have the car.  Not a good move.

wrongly charged

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Anyone could be charged.  If you are not involved you have a defense.
Anyone could be charged.  If you are not involved you have a defense.

I want to know if I have a case and is it worth it?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Call the consumer fraud unit of the DA in your county.  If the car is not registered, you cannot drive it.  You need to get your money back and return the car or get the paperwork.
Call the consumer fraud unit of the DA in your county.  If the car is not registered, you cannot drive it.  You need to get your money back... Read More

Do I have a case?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
For the dental bill, you have a small claims type case.
For the dental bill, you have a small claims type case.

Joint acount upon my moms passing

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
It is yours.  No need to file anything.  But I always recommend you close the account and open another or move the funds to your account.
It is yours.  No need to file anything.  But I always recommend you close the account and open another or move the funds to your account.

someone put up an act to take large amounts of money from me over time and i want to sue for the money back what kind of lawyer do i need?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue and get a judgment.  But who are you suing?  How would you collect?  Fraudsters are as good at covering their tracks as they are perpetrating the fraud.  If you do nothing you get nothing, but getting relief is hard.
You can sue and get a judgment.  But who are you suing?  How would you collect?  Fraudsters are as good at covering their tracks as... Read More

Do both lawyers and the judge have to approve of the juror before they can be on a jury?

Answered 7 years ago by attorney Bruce Robins   |   1 Answer
No.  Both sides have a certain number of peremptory challenges, meaning that they have a certain number of times they can remove a juror at their whim, without needing agreement from the other party or parties, or the judge.  Once those challenges are used up, a juror can only be removed for cause, meaning that a party trying to remove a juror would have to convince the Judge that there was cause to remove the juror.  You would never need the other side's agreement, only the judge's.... Read More
No.  Both sides have a certain number of peremptory challenges, meaning that they have a certain number of times they can remove a juror at... Read More

Do I have any legal options to move this forward?

Answered 7 years ago by attorney Sharon M. Siegel   |   2 Answers
You must bring a partition action in Supreme Court.  This is your only option.  It is like a foreclosure, where the court orders a sale if you cannot settle.
You must bring a partition action in Supreme Court.  This is your only option.  It is like a foreclosure, where the court orders a sale if... Read More

I was beaten on the subway. The girl ran away. I reported the case to the police. They said they’d find her. What specialty of a lawyer should I look?

Answered 7 years and a month ago by attorney Bruce Robins   |   1 Answer
I'm not sure why you think you need a lawyer, at least before the person who assaulted you has been located, but if that person is located and you want to sue her, you should contact a personal injury attorney.  Personal injury law is a branch of civil litigation.  There is no reason why you should need a criminal attorney if you were just the victim of a crime and are not being charged with one.... Read More
I'm not sure why you think you need a lawyer, at least before the person who assaulted you has been located, but if that person is located and you... Read More

i lost a small claims case in staten island for 873.00 and i am unable to pay what can i do

Answered 7 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
If you have a lot of debt, you can file for bankruptcy.  If not, it will be a judgment on your record until you pay.
If you have a lot of debt, you can file for bankruptcy.  If not, it will be a judgment on your record until you pay.

do I have rights after 30 years being with my partner

Answered 7 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Unless you have a registered civil union, living together gives no rights.  Your partner needs a will leaving house to you.
Unless you have a registered civil union, living together gives no rights.  Your partner needs a will leaving house to you.

What lawyers from the Westchester County, NY area would handle this situation. ?

Answered 7 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You have no such claim.  In fact, I am not even sure there was a breach of the perpetual care. 
You have no such claim.  In fact, I am not even sure there was a breach of the perpetual care. 

Emotional Distress.

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   2 Answers
Anyone can sue anyone, but you have no case.  You are not going to find it was intentional on her part which is the requirement.  The action is "intentional infliction of emotional distress."
Anyone can sue anyone, but you have no case.  You are not going to find it was intentional on her part which is the requirement.  The... Read More

I am disputing the delivery of an item, The item was reported delivered to me at my home at a certain date and time. I was at work at that time

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue Fed Ex.
You can sue Fed Ex.

Does NYS/NYC require any type of license or permit to sell home grown tomatoes and cucumbers from a table on our front lawn?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Technically a license is required, but if it is a home sale like you describe, I cannot see anyone having a problem.
Technically a license is required, but if it is a home sale like you describe, I cannot see anyone having a problem.

Where would I find a lawyer?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
There are lawyers that do vet malpractice, but these cases are generally not worth much.  It is not usually contingency.  You are better off complaining to the state licensing people.
There are lawyers that do vet malpractice, but these cases are generally not worth much.  It is not usually contingency.  You are better... Read More

My landlord forged my signature on a lease what should I do?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Assert the defense and provide the proof.
Assert the defense and provide the proof.

had mechanic fix my car and car broke down immediately. he refuses to be responsible for the damages.

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
This is a small claims case, so sue.
This is a small claims case, so sue.

Should I tell them

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
ACD is a dismissal.  You do not have to tell them.
ACD is a dismissal.  You do not have to tell them.

Can I sue someone in small claims court for funds to move away from them, then later file a human rights complaint or lawsuit against same person?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
You can only sue in small claims for the fees.  You cannot sue for stalking. 
You can only sue in small claims for the fees.  You cannot sue for stalking. 
General Practice
New York

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