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New York General Practice Legal Questions

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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 3
Do you have any New York General Practice questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 135 previously answered New York General Practice questions.
General Practice
New York

Recent Legal Answers

How should we move forward?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
You are going to have to settle the case, or get a judgment.  If you ignore this, there will be a judgment.  You can sue your friend but your husband must pay.
You are going to have to settle the case, or get a judgment.  If you ignore this, there will be a judgment.  You can sue your friend but... Read More

i would like to know i cosign for a loan so my son could have a car and just payed if off cause he wasn't working do i have any legal rights to the

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
If title is in both names you can take the car.  You can sue your son for the payments.
If title is in both names you can take the car.  You can sue your son for the payments.

I was done wrong by my dentist

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Call a personal injury/medical malpractice lawyer.  These cases are on contingency, so if you have a case you pay nothing.
Call a personal injury/medical malpractice lawyer.  These cases are on contingency, so if you have a case you pay nothing.

I cosigned a loan for a vehicle and the person is not making payments. Can I get the car back from that person?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   2 Answers
Not unless you are on the title or registration.
Not unless you are on the title or registration.

I would like to go back to my maiden name-have been divorced for over 15 years

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Name changes can be done yourself.  Go to the clerk of the State court in your county.  They have forms.
Name changes can be done yourself.  Go to the clerk of the State court in your county.  They have forms.

can i sue littman jewelers store

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue for the ring's value, but not paid and suffering.
You can sue for the ring's value, but not paid and suffering.

How do I ensure that an apartment that I have leased, is vacated at end of lease?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot.  Only a court can evict someone who stays beyond their lease.  Overstaying a lease is a NY sport.
You cannot.  Only a court can evict someone who stays beyond their lease.  Overstaying a lease is a NY sport.

Property damage

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
If you have an estimate of the damages you can sue them.  Sounds like it will be in the small claims level.
If you have an estimate of the damages you can sue them.  Sounds like it will be in the small claims level.

Motorhome produced. At factory many problems not getting repaired

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue the dealer.  Whether you win depends on the facts.
You can sue the dealer.  Whether you win depends on the facts.

Deceased spouse pension

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
The pension then goes to the estate.  File an estate proceeding to claim it.
The pension then goes to the estate.  File an estate proceeding to claim it.

II need a lawyer 'm being sued who can I talk to

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   2 Answers
Depends on the kind of case and the amount involved.  Do not ignore it.  If you need more time to find a lawyer, call the lawyer suing you and ask for more time.
Depends on the kind of case and the amount involved.  Do not ignore it.  If you need more time to find a lawyer, call the lawyer suing you... Read More

How is it legal for a dental company to approve a procedure and then deny it after we started the process?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You have to appeal the insurance.
You have to appeal the insurance.

How should this be handled

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
What is Safeguard Properties?  If you can prove what was taken you can file a suit, but an illegal break-in is a crime and you should have called the police.  One year is a long time and the failure to act promptly will impact your credibility.
What is Safeguard Properties?  If you can prove what was taken you can file a suit, but an illegal break-in is a crime and you should have... Read More

Negligence

Answered 8 years and 10 months ago by attorney Bruce Robins   |   1 Answer
You certainly have a basis to complain to the company, to the school district, to anyone who will listen, but I don't think you have any sort of lawsuit because you suffered no damages.
You certainly have a basis to complain to the company, to the school district, to anyone who will listen, but I don't think you have any sort of... Read More

My lawyer passed away. How can I locate the lawyer taking over his practice? He has my will

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Contact the bar association in the county where the lawyer practiced. 
Contact the bar association in the county where the lawyer practiced. 

I currently reside in a home owned by my husbans who I'm separated from. Can he kick me out or change my locks without notice?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Even in a family situation you cannot be evicted without a court order, after being served with papers.  As this is a matrimonial issue, as long as you respond to any eviction, you will not be thrown out.
Even in a family situation you cannot be evicted without a court order, after being served with papers.  As this is a matrimonial issue, as long... Read More

I have an ex-boyfriend who owes me money. He refuses to pay me back. I have proof he owes me. Do I have a case?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
It is absolutely enough proof.  Bring a suit.
It is absolutely enough proof.  Bring a suit.

I have a neighbor who is flooding our street and subsequently my driveway. I was told that he can do this. What can I do to stop this problem?

Answered 8 years and 11 months ago by attorney Lori Nevias   |   1 Answer
If this was a case of a stream, pond or storm water that flooded your property due to good-faith improvements made by your neighbor to his property, you would have no recourse. However, your neighbor is not allowed to use "artificial means" to direct water onto your property, which includes ditches, pipes- and certainly pumps. Start by making a complaint to the local government office that handles building code and plumbing code violations, and ask for an inspection. It sounds like the sump pump was negligently installed. If the building inspection doesn't result in a violation, that doesn't necessarity mean you have no case. Local governments are sometimes extremely selective in issuing violations- which is illegal- and you may need a lawyer to get anything resolved.  ... Read More
If this was a case of a stream, pond or storm water that flooded your property due to good-faith improvements made by your neighbor to his property,... Read More

Is it legal for someone to confiscate a car that is in their name (including insurance) but is being driven by another with understood permission?

Answered 9 years ago by attorney Sharon M. Siegel   |   2 Answers
If your daughter is the titleholder, and she has the title, she can peaceably take the car.
If your daughter is the titleholder, and she has the title, she can peaceably take the car.

Damage in a parking

Answered 9 years ago by attorney Bruce Robins   |   1 Answer
If the operator of the parking facility (which may not be the hotel) and/or the hotel was negligent, you may have a claim against it.  However, your contract with the parking facility (check the writing on the parking claim ticket) almost certainly limits the operator's liability for negligence to a small amount, if anything.  This agreement would not be enforceable if the operator was reckless or grossly negligent, but has a good chance of being enforced if the operator is considered only negligent.  It's hard to set a bright line between negligence and gross negligence, but for example if the operator failed to take steps to rid the space of rats it could possibly be considered negligent, but I don't think grossly negligent; if the operator put the rat into your car as a prank and it got into and damaged the engine, then you might have gross negligence.  Whatever the situation, however, you definitely should raise the issue with the hotel and the parking lot operator.... Read More
If the operator of the parking facility (which may not be the hotel) and/or the hotel was negligent, you may have a claim against it.  However,... Read More

Can i still take lefal action against school and MIL

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
You can seek an order of protection in court against her, but you are going to need a reason that is a threat to your kids.  Otherwise, it is up to the police to take action.  The incident a year ago is too old.
You can seek an order of protection in court against her, but you are going to need a reason that is a threat to your kids.  Otherwise, it is up... Read More

A bouncer at a night club used excessive force when thinking that I didn't want to leave at the end of the night, can I press charges

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Anyone can press charges against anyone.  Whether the police or DA choose to act on it is up to them.  If it is just your word, it may not go far if the incident is over.  Calling 911 at the time would have been better.
Anyone can press charges against anyone.  Whether the police or DA choose to act on it is up to them.  If it is just your word, it may not... Read More

guests to pay for damaged property

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
You can sue for the damages.  Proof will be your problem.
You can sue for the damages.  Proof will be your problem.

My mother is holding some of my and my wife's things & says she wants monetary gifts back or my items are lost forever. What type of lawyer do I need?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
As personal property is not titled, you are going to have a hard time proving stuff in their house really belongs to you.  But, to protect the stuff, you would need to bring a complaint, with an application for an injunction, restraining them from disposing of the stuff while ownership was determined.  Could be thousands of dollars in legal fees.... Read More
As personal property is not titled, you are going to have a hard time proving stuff in their house really belongs to you.  But, to protect... Read More

Regarding car registration

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
If you have the title you can register the car.  If you do not have the title, then you may have been scammed.  Call the DA in your county and speak to the consumer fraud division.
If you have the title you can register the car.  If you do not have the title, then you may have been scammed.  Call the DA in your county... Read More
General Practice
New York

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