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New York Litigation Legal Questions

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175 legal questions have been posted about litigation 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 complex litigation, complex and multi-district litigation, and civil litigation. All topics and other states can be accessed in the dropdowns below.
New York Litigation Questions & Legal Answers - Page 2
Do you have any New York Litigation questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 175 previously answered New York Litigation questions.
Litigation
New York

Recent Legal Answers

Breach of construction contract

Answered 6 years and 3 months ago by attorney Louis A. Russo   |   1 Answer
You can sue him for breach of contract and may be able to seek rescision of the contract.  That said, you'd have to pay him the fair value of the work he has done which would be less that the $350,000.  Might make sens to send him a demand letter before suing him to see if you can negotiatie a resolution before starting a lawsuit.  Feel free to contact me if you need help writing that demand letter or commencing the lawsuit agaisnt the contractor.   Best, Lou Russo lrusso@russolaw-llc.com at www.russolaw-llc.com ... Read More
You can sue him for breach of contract and may be able to seek rescision of the contract.  That said, you'd have to pay him the fair value of... Read More

Assistance to understand the First Departemnt of New york supreme court

Answered 6 years and 4 months ago by attorney Louis A. Russo   |   1 Answer
What type of case are you appealing?
What type of case are you appealing?

Am I Better Off Settling Than Going to Court?

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
If you have money, why wouldn't you defend the case?  It is cheaper to defend and win than settle.
If you have money, why wouldn't you defend the case?  It is cheaper to defend and win than settle.

I was dismissed from college over a Lie on the deans

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
If you exhausted the appeals process, and were dismissed for missing class without a proper note, there is nothing you can do.  If you were dismissed because of the disability, then you could sue.  If the college is in New York, call the Department of Education and file a discrimination claim.  It is free, and they will pursue it.... Read More
If you exhausted the appeals process, and were dismissed for missing class without a proper note, there is nothing you can do.  If you were... Read More

What are my legal and financial rights when dissolving my 12 year relationship with the boyfriend I'm living with

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You have no rights.  Your daughter is a consenting adult.
You have no rights.  Your daughter is a consenting adult.

bar association refuses to modify award from fee dispute resolution program i should have won, simple issues, strong case against christopher zeh, att

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Here's how fee arbitration works -- the lawyer always wins.  You do better in court.
Here's how fee arbitration works -- the lawyer always wins.  You do better in court.

Can you sue someone who can’t enter the country?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
If the matter you are suing for, i.e. the assault, happened here, you can sue here.  The problem is process service.  You may need to get some form of substituted service, but this is no problem in the end.  Then, collection of any judgment is another issue.  If he owns a company here, you should be able to collect.... Read More
If the matter you are suing for, i.e. the assault, happened here, you can sue here.  The problem is process service.  You may need to get... Read More

Paid lien on a car I was left in a will, how do I get the money owed to me?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You can make a claim against the estate for an advance of funds.
You can make a claim against the estate for an advance of funds.

What happens when a will mysteriously appears 9 months after a person's death in Palm beach county?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
The burden of proof will be on you.  Will contests are expensive.  That said, if you have the medical evidence of incapacity, you can win.
The burden of proof will be on you.  Will contests are expensive.  That said, if you have the medical evidence of incapacity, you can win.

What should we do next in order to move forward with a pending case that our Attorney is not responding too?

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Sadly, you have waited 7 years.  Go to the clerk where the case was supposed to be.  I think that there will be no case, or a dismissed case, and the time to file again has passed.  So much time has passed, even a legal malpratice suit may be time barred.
Sadly, you have waited 7 years.  Go to the clerk where the case was supposed to be.  I think that there will be no case, or a dismissed... Read More

I’m suing PayPal in small claims court Brooklyn ny Do I need a lawyer can I recover legal fees and can I get a referral.

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
You do not need a lawyer in Small Claims.  You do not get legal fees back if you hire a lawyer, except in special circumstances.
You do not need a lawyer in Small Claims.  You do not get legal fees back if you hire a lawyer, except in special circumstances.

property closed 27 nov 2017 $5000 in escrow for boiler seller unable to fix but wants to release only $1000 which cannot fix it what’s my option

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Make sure in writing you object to escrow release.  Then, bring a small claims action against escrow agent and other party for the $5000 claim.
Make sure in writing you object to escrow release.  Then, bring a small claims action against escrow agent and other party for the $5000 claim.

I'm being sued for deformation of character and they want $25,000 and I need a lawyer. I live in the Bronx.

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Is 8/3 the trial or the time to answer?  For this type of case I charge by time.
Is 8/3 the trial or the time to answer?  For this type of case I charge by time.

does signing a letter of engagement for one specific purpose remain in force if other purposes are added?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You are bound by what you signed.  Whether the new matters are covered depends upon what you signed.
You are bound by what you signed.  Whether the new matters are covered depends upon what you signed.

How can I compel the cemetery to maintain the grounds around my family gravesite?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Look at your care contract and see what you are due.
Look at your care contract and see what you are due.

My cousin lived in coop bldg. 1 Hawley Terrace , Yonkers that had bad fire 3/15/17. Her coop destroyed,alarms never activated&needs advice.

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You do not say if she owns the co-op or if she is renting it.  In general, the co-op's insurance will cover the loss for the structure, but the contents and insurance for alternative housing would be the responsibility of the tenant.  If the fire was someone else's fault, there may be claims that can be made.... Read More
You do not say if she owns the co-op or if she is renting it.  In general, the co-op's insurance will cover the loss for the structure, but the... Read More

Can I sue a bank for depositing my check into someone else's account

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  A bank cannot accept an incorrect endorsement.
Yes.  A bank cannot accept an incorrect endorsement.

out-of-state defendant in small claims court?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
You can serve them out of state.  However, a judgment here is likely hard to collect.
You can serve them out of state.  However, a judgment here is likely hard to collect.

A business man who acted for chinese government, hired an American investigation firm to track my address and to destroy our news server. what to sue

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
If it is true, you can sue.  There may be criminal issues to report to the FBI as well.
If it is true, you can sue.  There may be criminal issues to report to the FBI as well.

Need advice on landlord refusing to treat black mold as I become more I'll

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
You need to do several things.  For your illness, contact a personal injury lawyer.  Mold cases can be very good.  For the mold, contact the buildings department in your town.  They can cite a violation.  Lastly, stop paying rent and tell your landlord in writing you are doing so until mold is corrected.... Read More
You need to do several things.  For your illness, contact a personal injury lawyer.  Mold cases can be very good.  For the mold,... Read More

How can I sue Greyhound for losing my package with all my valuables?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
If you did not buy extra insurance you get the minimum in the contract.  You are not going to prove they stole your stuff, which is the only way around the contract. 
If you did not buy extra insurance you get the minimum in the contract.  You are not going to prove they stole your stuff, which is the only way... Read More

We have couch and love seat from bobs furniture 3 visits n still they are not fixed all can we have legal action against them

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue for your money back.  If you charged it, you might still be able to chargeback.
You can sue for your money back.  If you charged it, you might still be able to chargeback.

How do I get my name removed from a law suit

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You are probably named to clear title in some fashion, either as a co-signer on the loan, a former owner, or a creditor of the owner.  Have a lawyer for a few bucks review the complaint to make sure that no relief, other than clear title, is demanded against you.  If so, you can ignore it, but will continue to receive some papers.... Read More
You are probably named to clear title in some fashion, either as a co-signer on the loan, a former owner, or a creditor of the owner.  Have a... Read More

Are teachers allowed to unlawfully seize students property?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, it is legal.  Plus, there are no damages.  This is not a case.
Yes, it is legal.  Plus, there are no damages.  This is not a case.

what about very chonic copd

Answered 9 years and 11 months ago by Barry Alan Salzman (Unclaimed Profile)   |   1 Answer
Ms. Halsey, Unfortunately, my firm is unable to help you. We only takes COPD claims for non-smokers. It has been well-accepted science that smoking causes many illnesses and death. Smokers are now considered to bear responsibility for their smoking.       
Ms. Halsey, Unfortunately, my firm is unable to help you. We only takes COPD claims for non-smokers. It has been well-accepted science that smoking... Read More
Litigation
New York

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