Get free answers to your Civil Litigation legal questions from lawyers in your area.
The police obtained a search warrant for my smoke shop, claiming I was selling unlicensed items, and extended the search to my home, which is one hour away. They found nothing but took my personal money, paperwork, and phone. There were no receipts given. They arrived with guns, causing my wife to... View More 
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answered on May 23, 2025
I’m sorry to hear about what you and your family experienced. In New York, law enforcement officers conducting searches must follow strict procedures governed by both state and federal law. When a search warrant is executed, the police must limit their actions to what is authorized by the warrant... View More
I have been experiencing ongoing stalking and disturbances from Jackie Lynn Jenkins and her husband Joseph, who are living next to my home in Jamaica, Queens, NY. This situation has been occurring since 2014, and I have video evidence documenting their actions, including a recent incident involving... View More
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answered on May 22, 2025
I’m sorry to hear about the ongoing issues you have been facing. If you are experiencing persistent stalking and harassment in New York, there are both criminal and civil legal avenues you can explore to seek relief and accountability.
From a criminal law perspective, stalking is a... View More
I want to press full charges against Jackie Lynn Jenkins and her husband Joseph for stalking me since 2014. Currently, they reside next to my home in Jamaica, Queens, NY. I have a video that shows Jackie closing a car door on my back and right leg, which worsened my injuries from a prior worker... View More
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answered on May 21, 2025
I am sorry to hear about what you have been going through. Stalking and harassment can have a serious impact on your daily life and overall well-being, especially when you are also managing a disability. New York law provides both criminal and civil avenues for individuals who are being harassed or... View More
I have full legal custody of my daughter, and although her father pays child support, there isn't any agreement on parental responsibilities. We haven't had any prior court orders regarding a name change. I want to change my daughter's last name officially to my married name. Given... View More
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answered on May 20, 2025
It is understandable that you want your daughter's name to reflect your family unit, especially when you have full legal custody and the father has had little involvement in her life. Navigating the legal process for a name change in New York can be frustrating, particularly when dealing with... View More
I had temporary guardianship of my grandson and his half-sister a couple of years ago. Child Protective Services (CPS) placed them back with my daughter and her boyfriend. In March, I was granted temporary guardianship of my grandson, which was supposed to last until August 30th of this year.... View More
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answered on May 18, 2025
I understand your concern about your grandson's safety and the confusion surrounding the guardianship paperwork. In New York, the legality of a notarized guardianship document generally depends on whether it was properly executed, which includes being signed by the parties involved and... View More
I hired a dog sitter through Rover, which considers sitters as independent contractors. Unfortunately, she lost my dog, and I had to return early from a trip I had planned for 5 months. I incurred over $2,000 in trip costs, spent $400 on a drone expert, and hired a professional dog trapper to... View More
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answered on May 18, 2025
I am sorry to hear about the distressing situation with your dog. In New York, you may have grounds to sue the dog sitter for your financial losses and potentially for emotional distress, but the success of your claim will depend on several factors.
First, you can pursue a claim for the... View More
I have a complex personal injury case involving false documentation and defamation. I was severely injured, declared medically disabled after being hit from behind by a vehicle. I'm struggling to progress the case as a brain and neurological injury patient due to false police reports and... View More
answered on May 18, 2025
I'm sorry for your injuries and ensuing ordeal. You've probably already looked into rescheduling the deposition and medical exam. The medical exam is unfortunately more unforgiving, depending on the policies of the carrier or its IME contractor. There are a considerable number of elements... View More
I have a complex personal injury case involving false documentation and defamation. I was severely injured, declared medically disabled after being hit from behind by a vehicle. I'm struggling to progress the case as a brain and neurological injury patient due to false police reports and... View More
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answered on May 18, 2025
I am sorry to hear about the difficulties you are facing with your personal injury case. Managing a complex legal case while dealing with severe injuries can be overwhelming, especially when false documentation and miscommunications have affected your case. In New York, there are several steps you... View More
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More
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answered on May 16, 2025
The answer to this question is tricky. Are you speaking about simply the "conditions" of the space, or personal injuries suffered as a result of those conditions. If you are speaking about personal injuries, you should certainly contact an attorney to investigate the causal connection... View More
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More
answered on May 20, 2025
Dear Bronx Tenant
Yes. A special lawsuit exists in New York City that allows a tenant to sue a landlord for repairs. This is the HP Proceeding. A tenant is entitled to go to court without even waiting for violations issued by the HPD Office of Code Enforcement.... View More
I am concerned about the legality of a transaction made by the executor of my mother's estate. Four days before my mother passed away, the executor, who was on my mother's bank account, withdrew $15,000. At that time, my mother was incapable of transferring money online due to her... View More
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answered on May 21, 2025
I am sorry you are dealing with this situation during what must be a difficult time. Questions about financial transactions made shortly before someone’s death, especially by someone in a position of trust, can raise serious legal concerns, particularly when large sums of money are involved.... View More
I moved out of state in August 2024. My daughter’s grandmother ceased communication in September 2024 after stating she isn’t chasing me over a baby, among other things, essentially abandoning her relationship with my child. She filed for visitation rights in New York State in November 2024. I... View More
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answered on May 14, 2025
I understand your frustration with this situation, especially when you believe that false statements have been made against you in court. In New York, a grandparent may petition for visitation with their grandchild under Domestic Relations Law § 72, but they must demonstrate that they have... View More
I moved from New York to South Carolina in August, and since then, my daughter's grandmother has not contacted me except to argue and threaten me. While they had a relationship in New York, she stopped contacting us after the move. She has now filed for visitation rights under New York... View More
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answered on May 18, 2025
I understand that you are concerned about your daughter’s grandmother seeking visitation rights in New York, especially after she has had little contact with your daughter since your move to South Carolina. In New York, grandparents have the right to petition for visitation with their... View More
In the last month, there have been at least four incidents involving airport crashes in and around Newark. These incidents resulted in deaths and injuries, and ongoing investigations have identified issues with air traffic controllers and outdated or poorly maintained equipment. The FAA is... View More
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answered on May 14, 2025
Victims of airport crashes at Newark Airport may have the right to pursue legal action if they can show that their injuries resulted from negligence. In New York, and in neighboring New Jersey where Newark Airport is located, negligence occurs when a party breaches a duty of care, and that breach... View More
The child's mother was advised to complete a 28-day rehab program, which she successfully did and received two recommendations. Initially, she was told she could see her child post-completion. Throughout the year, she was told she was doing great but wasn't explained the full process,... View More
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answered on May 18, 2025
I understand how upsetting it can be for a mother who has taken significant steps to improve her life, such as completing a rehabilitation program, to suddenly face a request for the termination of her parental rights. In New York, a request to terminate parental rights is a serious matter, but it... View More
I have full residential custody of my daughter, and her grandmother, who lives in New York, filed for visitation after I moved to South Carolina. Despite this, she has sent threatening texts, disparaged another child of mine, and made no further contact after my move. The father and the grandmother... View More
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answered on May 19, 2025
If you have full residential custody of your daughter and have relocated to South Carolina, but the grandmother has filed for visitation rights in New York, you can take several steps to protect your parental rights and prevent the grandmother from gaining visitation.
First, you should... View More
My father passed away on November 26, 2023. We did not give consent for any organ or skin tissue donation, and there was no documented consent from him. We have not received any communication from hospital or medical authorities regarding this issue, nor are we aware of any automatic or implied... View More
answered on Apr 28, 2025
I'm so sorry for your loss. Your first step in seeking legal redress would be to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Although New York's highest court has answered in the negative the... View More
My father passed away on November 26, 2023. We did not give consent for any organ or skin tissue donation, and there was no documented consent from him. We have not received any communication from hospital or medical authorities regarding this issue, nor are we aware of any automatic or implied... View More
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answered on Apr 30, 2025
I am sorry for your loss and the distress this situation has caused. In New York, organ and tissue donation is regulated by the Public Health Law, specifically Article 43. Consent is a central requirement. No organ or tissue donation may be carried out unless the donor provided legally valid... View More
I am currently involved in a New York State Supreme Court defamation case against a former manager. I've filed an RJI to add a lawyer and request a preliminary conference. The court clerk mentioned that I don't need to serve the RJI to the defendant, but online resources suggest... View More
answered on Apr 28, 2025
Based on your question and the Clerk's answer to your question, it seems that you do not need to mail or serve the defendant in your action with the RJI. While you did not specifically state that your case is on NYCEF, the electronic database for all actions in the State of New York, it seems... View More
I am currently involved in a New York State Supreme Court defamation case against a former manager. I've filed an RJI to add a lawyer and request a preliminary conference. The court clerk mentioned that I don't need to serve the RJI to the defendant, but online resources suggest... View More
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answered on Apr 30, 2025
In a New York State Supreme Court civil case, such as a defamation action, filing a Request for Judicial Intervention (RJI) is required in order to trigger judicial oversight, including scheduling a preliminary conference or addressing motions. The RJI is not technically a pleading or motion, but a... View More
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