New York General Practice Legal Questions

While there is no official form, all attorneys use their own forms which contain a lot of boilerplate, including definitiions of terms, the cplr section you're acting under, when the documents are due, how they are to be produced, what to do about privileged documents, etc. etc.  If you go to your local law library (they have them at all branches of the Supreme Court), you should look at the McKinney's form book containing notices for discovery and inspection, and there should be several forms you can adapt.... Read More

There is no rule of law which allows you to object, but the attorneys also have no power over you, only the Judge does.  If you don't answer, the attorney may ask a judge to order you to do so.  If a judge does so, you must answer or be held in contempt of court, which can result in find and/or imprisonment.  However, absent something ridiculous, like refusing to say what you do for a living, it will probably never get that far.  The attorney has nothing to gain by making you answer the question, since, regardless of your answer, he/she will not want to have someone on the jury who is annoyed at him/her.  Theoretically, if the attorney has already used up his peremptory challenges, and the other side does not consent to removing you, the attorney could try to compel you to answer in hopes of finding a basis to object for cause, but it is so unlikely that it's silly to worry about it. ... Read More

You can sue the contractor and owner of the property that caused you damage due to failure to properly secure the wall. There may statute of limitation issue unless you can show a continuing trespass. You can also argue that the letter was a contract and sue the second contractor and owner  on a breach of contract theory.... Read More

You do not have to repay someone for gifts he or she made to you.  However, it is unlikely that the other person will admit that they were gifts.  For example, the other person could claim that he loaned, not gifted, these things to you.  The other person could claim that you agreed to pay for the "gifts".  The other person can claim that you defrauded him or her into making the gifts, etc.  If your ex asserts one or more of these claims, who wins may be determined by who the Judge believes. ... Read More

That depends.   Who owns the car?  Was it your car that your father was keeping in his name as a favor to you?  Or was it his car that he was allowing you to use as long as you paid the expenses related to it?  I assume that you will claim the former, and  your father will claim the latter.  How the case comes out depends on who the Court believes.... Read More

The statute of limitations for a 'debt' in New York is six years. The time in which to submit to medical insurance is much shorter, depending on the insurance plan. A doctor that submits a bill, for the first time, three years after the fact in unlikely to get paid. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

Why was the home only listed in his name?  How much did you contribute  toward purchase of the home? Depending on the circumstances  you may be able to  argue that there was a "constructive trust" and thus the court should determine that you are  50% owner of the property. More information  is needed before an attorney can determine  whether that is the way to proceed.... Read More

From your post I cannot tell what the problem is.  If the building is owned by a corporation, the debt on one owner should not be relevant.  The question is whether you have bank approval or not.  And if not, why not.  I have handled many short sales.  It is not rocket science -- either you meet bank conditions or you do not.   There is something screwy.  Call me in the office at 212-721-5300.... Read More

You make time for time sound like you think this is some sort of legal concept.  It is not.  In fact, it is illegal, even though people do it.  Since you have no agreement on this issue, the issue is unclear.  Probably, the photographer has the better case, since he has possession, but you could make a claim if the money justified it.... Read More

Yes, assuming your claim is small enough and you meet the other jurisdictional requirements for small claims court.  Most contracts are not required to be in writing (although it is a good idea both for clarity and for proof if you ever  need it.)  Under New York law (I am assuming that New York law would apply to your dispute) partnership or joint venture agreements are not required to be in writing.... Read More