New York Litigation Legal Questions

Good morning,   It is clear that a party in the lawsuit is seeking your testimony or certain information from you.  Since there is a motion to punish for contempt based on ignoring the subpoena, you should hire counsel to represent you.  Papers should be reviewed and if necessary, opposition should be filed.  Most likely, you will need to provide documents and/or appear at a deposition.  You should not provide any information without the assistance of counsel. Feel free to contact me if you'd like to discuss the matter further.... Read More

You need a mentor. I'll humor you as briefly as possible. We know the felony murder rule tells us that the robber thusly convicted is responsible beyond a reasonable doubt in a criminal capacity. Civil liability can follow at the lower evidentiary threshold for direct, vicarious, or concerted liability under a handful of theories. You're really asking if there is a way to hold the employee, and by proxy the employer, liable. There is a Plasgraf issue (248 N.Y. 339 (1928)), whether the bank employee owes a duty to customers to prevent injury or death during a robbery. Arguably, you can make a case either way. The second issue, assuming such a duty can be found, is whether the employee breached that duty of reasonable care. The existence or non-existence of one document, in particular, will be critical to both issues: written bank policies on cooperation with robbery demands. I'm no expert on the subject, but I've never heard any employer or law enforcement agency suggest anything than cooperation. Recent news stories have put employer stand-down policies front and center. Presumably, such a policy recognizes that non-cooperating can expose anyone on the premises to danger.  And a good secondary source of authority would be law enforcement and industry guidelines on the same topic. Bottom-line, there's no correct answer. Here's a secret that most law school students and graduate forget for approximately six years from the day of their first class: facts matter. Facts trump law because facts tell us which law to apply and which hedge to trim.  The facts of this hypothetical, as created by the professor, will give you one or more hooks to demonstrate your legal analysis. Spot the Palsgraf, identify the criminal versus civil standard, spot the employee liability versus employer-vicarious liability issue, and identify those facts which support either conclusion and take a position. ... Read More

Greetings.  It appears you would like to file a motion for default judgment.  In New York, to file a motion for default, there are certain initial steps that may have to be taken, such as sending a second copy of the summons and complaint to the defendant.  If these steps are not followed, the court will most likely deny the motion.  The pro se offices may be able to provide information to a litigant to help them with the process.  Otherwise, hiring an attorney is the next best option.  Good luck.... Read More

I looked up the docket. The Court granted defeault judgment against you (the only party who didn't appear) on June 15, 2021. On July 15, 2022, the Court appears to have dismissed the case against the remaining defendants. You need to engage counsel to move to vacate the default judgment. To succeed on this motion, you need to demonstrate that you: (1) have a reasonable excuse for not answering and (2) a meritorious defense. The plaintiff's attorneys contend they served you by proxy on Feb. 18, 2020 at 401 NE 1st St. (in Hallandale Beach) by giving a copy of the lawsuit to Klaudjak Kosilov and, on March 12, 2020, by taping a copy to the apartment door and mailing a copy to that address. You'll need to explain how its possible you never received notice in some detail.  Second, the Court notes in the decision dismissing the complaint against the remaming defendants that plaintiff testified you allegedly struck him with a barstool. I do not have access to anything but the docket and electronically filed papers, but the court notes that someone had photographs, you were terminated after the incident, and my guess is everyone was more than happy to throw you under the bus. Engage counsel to assess your rights, defenses, likelihood of success and whether you had any personal liability insurance coverage in place at the time of the incident. Insurance will not defend assault claims and will not pick up claims after default judgment is entered but if you can get the default vacated based on a contrary version of the incident that does not include you assaulting plaintiff, insurance coverage may be available (such as personal liability coverage in a homeowners policy). Westchester County is a reasonably strict court. The presiding Justice who defaulted you is a new to the bench. My conclusion is that your motion will be scrutnized meaning this is not a lay-up. It will cost several thousand dollars to make the motion but the alternative is having judgment entered against you.... Read More

Yes of course you can sue him.  If you think he"LLP respond to you without a lawsuit, you can speak to him and ask for money, but of course you can't force him to pay anything without suing him.  If you don't want to engage an attorney, the website for NY courts offers a guide to pro se litigants which will help you do it yourself. ... Read More

Greetings.  It appears you are looking to sue and want to make sure you are within the statute of limitations.  In New York, when a professional seeks to sue for nonpayment of professional fees, they generally must sue within six years.  However, an action for nonpayment may accrue at different times depending on the type of claim brought, such as quantum meruit, breach of contract, or account stated.  Finally, the six years may be shortened contractually.  It is always best to bring specific circumstances to an attorney for review.     ... Read More