New York Consumer Legal Questions

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83 legal questions have been posted about consumer law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include identity theft, consumer fraud, and lemon law. All topics and other states can be accessed in the dropdowns below.
New York Consumer Questions & Legal Answers
Do you have any New York Consumer questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 83 previously answered New York Consumer questions.

Recent Legal Answers

Can an overstayer start a small cleaning business in NYC?

Answered a year and 7 months ago by attorney Stephen Arnold Black   |   1 Answer
No unfortunately you cannot at least the legal way. However there is good news. Since you did enter the US legally, you can get a green card if you marry a US Citizen. There may be an issue if the J visa is subject to the 2 year  resident return condition. 
No unfortunately you cannot at least the legal way. However there is good news. Since you did enter the US legally, you can get a green card if you... Read More

how do I find an attorney who will take my case on contingency

Answered 2 years ago by Mr. John Michael Frick (Unclaimed Profile)   |   1 Answer
Search for attorneys in or near your county with experience in consumer law.  See if they mention moving and storage companies in their profile.  Scroll down their profile to the section named "Payment Information" to see if they accept cases on a contingency fee.  If you don't find any, broaden your search to other potentially relevant areas of law like contract litigation, bailments, property damage, etc.  If you still don't find any, broaden the geographic area of your search.You won't be able to expand the geographic area very far considering the small size of your case.  A 40% contingency on a claim of $150,000 is only $60,000.  It is unlikely very many attorneys will be willing to travel very far for such a small fee.Unfortunately, there is no way on this platform to simply create a list of attorneys who accept cases on a contingency fee in a particular geographic area and only then scroll through the profiles to determine the attorney's areas of practice and experience.  ... Read More
Search for attorneys in or near your county with experience in consumer law.  See if they mention moving and storage companies in their... Read More

lemon law

Answered 2 years and 6 months ago by attorney Alex D. Weisberg   |   1 Answer
Based on the amount of time that your vehice has been out of service, you may be entitled to have Nissan repurhcase or replace it.  I would recommend consulting with a Lemon Law attorney.  I would be happy to answer any questions that you have.
Based on the amount of time that your vehice has been out of service, you may be entitled to have Nissan repurhcase or replace it.  I would... Read More

Can I take this to court?

Answered 4 years and a month ago by attorney Giselle Ayala Mateus   |   1 Answer
You can contact Consumer Affairs or make a formal complaint with the FTC. You should have an attorney review whatever documents in possession. 
You can contact Consumer Affairs or make a formal complaint with the FTC. You should have an attorney review whatever documents in possession. 
Most of the regulation, related to prohibited substances and the prosecution of individual that uses them, is in the Controlled Substance Act (CSA). However, note that a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. A controlled substance analog is a substance that is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States.... Read More
Most of the regulation, related to prohibited substances and the prosecution of individual that uses them, is in the Controlled Substance Act... Read More

need a lawyer

Answered 5 years and 5 months ago by attorney Giselle Ayala Mateus   |   1 Answer
Well, from this point it looks like you solve the main problem, which is good. Now, if the Twin D performed a bad job you could sue for compensation. If you have a written contract with an express clause you could recover attorney's fee. That said, it is worth considering that litigation can be costly and time consuming. You could present your claims on Small Claims court but you need enough evidence. In this case you would have to pay $25 to start your case. If you hire an attorney, however, consider that if the other party has an attorney too your case will be sent to Civil Court and you may have to pay a $210 Index No. I know it is frustrating to have a bad job done. However, sometimes it is morw expensive to recover. Nevertheless, lawsuit or not you can always make a complaint with the New York Department of Consumer Affairs.  ATTENTION. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.... Read More
Well, from this point it looks like you solve the main problem, which is good. Now, if the Twin D performed a bad job you could sue for compensation.... Read More
You can sue in small claims.
You can sue in small claims.
You can sue the hotel, but it would have to be in Florida. 
You can sue the hotel, but it would have to be in Florida. 

Can I sue both companies?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
It is not a case.  There are no damages.
It is not a case.  There are no damages.
The lemon law does not apply.  You are out of luck.
The lemon law does not apply.  You are out of luck.
Once you file bankruptcy, the garnishment will stop.  If this is your only debt, I would recommend trying to undo the judgment (if it was a default judgment) and then settling with a payment plan.
Once you file bankruptcy, the garnishment will stop.  If this is your only debt, I would recommend trying to undo the judgment (if it was a... Read More
If you do not ship the stuff, you have committed fraud.
If you do not ship the stuff, you have committed fraud.

unsafe product

Answered 7 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
Unless your contract provided something else, or these items were spoiled when you got them, there is no issue. However, a breach of warranty claim has long expired since 2014.
Unless your contract provided something else, or these items were spoiled when you got them, there is no issue. However, a breach of warranty claim... Read More

Can I file a claim against Auto garage

Answered 7 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You should definitely file a case, and respond to the police that the work was shoddy and what happened.  Intentionally bouncing a check is a crime, but I am surprised the police are involved.  If the payment was procured by fraud, that is a defense.
You should definitely file a case, and respond to the police that the work was shoddy and what happened.  Intentionally bouncing a check is a... Read More
If the car is still registered to you, report it stolen to the police.
If the car is still registered to you, report it stolen to the police.
If you are in my area, I would consider representing you.
If you are in my area, I would consider representing you.
You can negotiate whatever they will accept.   $250 per month seems like a good deal.  But if you refuse, you might get a better deal later, but have to pay legal fees, etc., that make it not better.
You can negotiate whatever they will accept.   $250 per month seems like a good deal.  But if you refuse, you might get a better deal... Read More

where to file Motion to Renew and Reargue?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Same court.  But that is the wrong strategy.  You should appeal.  You cannot appeal a denial of a reargument, and the time to appeal the main decision will run.
Same court.  But that is the wrong strategy.  You should appeal.  You cannot appeal a denial of a reargument, and the time to... Read More

What to do about a dealership

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no car dealer/client confidentiality, like a doctor or lawyer, so I see no claim here.
There is no car dealer/client confidentiality, like a doctor or lawyer, so I see no claim here.
Get a payment history and payoff letter from the mortgage company to see how they are calculating it.  You can sue them to cancel the mortgage, but see where the discrepancy lies.
Get a payment history and payoff letter from the mortgage company to see how they are calculating it.  You can sue them to cancel the mortgage,... Read More
This is in the no harm no foul category.  Had you died you would have had a case.  No injury, no case.
This is in the no harm no foul category.  Had you died you would have had a case.  No injury, no case.
This is a serious bankruptcy violation.  You should seek sanctions in State court or in bankruptcy court.
This is a serious bankruptcy violation.  You should seek sanctions in State court or in bankruptcy court.
If you were in compliance with your pawn contract, you can sue for breach of contract.
If you were in compliance with your pawn contract, you can sue for breach of contract.
You can sue for the value of the car, but the case might be expensive.  The loan is with a bank.  You are obligated, no matter the condition of the car.
You can sue for the value of the car, but the case might be expensive.  The loan is with a bank.  You are obligated, no matter the... Read More

Forced extended warranty scam

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
While it is hard to get out of a signed paper, you can call the DA and speak to the consumer fraud unit.
While it is hard to get out of a signed paper, you can call the DA and speak to the consumer fraud unit.