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Robert K. Erlanger

Robert Erlanger’s Answers

325 total


  • I was in a car accident that was my fault 8 months ago.

    I recieived an e-mail today from my insurer that a settlement could not be reached, so I am being sued. I was also informed that since no monetary amount was mentioned, I was warned that I may have to hire an attorney at my expense because the sui...

    Robert’s Answer

    Your insurer must provide you with an attorney at its own expense. If the amount of the claim is expected to be above your policy limit, the carrier must advise you of this and to get your own attorney to protect you as to the over-limit amount. Most times, plaintiffs attorneys settle for the policy limits because we don't want to waste our time chasing money we're not going to get. But as you have given us no facts, it's hard to give you guidance.

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  • Can I ask send back the exact same interrogatories to the plaintiff that was sent to me?

    I would copy it with some modifications were necessary.

    Robert’s Answer

    Yes, but make sure that each interrogatory is addressed to plaintiff, not you. If the lawsuit involves a personal injury, a party cannot do both interrogatories and take a deposition.

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  • Court papers

    I read in the pro se manual that after summons and complaint have been served on a defendant by a process server not party to the suit, the pro se plaintiff is allowed to mail any other court documents: motions, etc directly to the defendant(s) wi...

    Robert’s Answer

    Yes, after the summons and complaint have been served and filed per the CPLR you serve all other papers by mail on the attorney for defendant or upon defendant if not represented by an attorney.

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  • Court procedure

    When a pro se plaintiff files a lawsuit in federal court in NY, which procedural rule must the pro se plaintiff use - NY procedural rule or federal procedural rule. Or either of both rules can be used? For example, the federal court manual says a...

    Robert’s Answer

    Follow Federal Rule of Civil Procedure 4 on service of process (summons & complaint), which refers to New York law

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  • Am I able to sue my former college?

    I attended a college Fall of 2010 and decided not to not go back for the spring 2011. But because I didn't tell the school on the specific day they wanted to know they charged me 3000 for the following semester even though i did not come back and ...

    Robert’s Answer

    You can always to back to the college to try to work something out.

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  • Do towns in New York state have to provide someone to bring grievances to?

    I tried to complain about the conduct of a codes enforcement officer, but when I tried to complain to the supervisor/mayor of the town, he interuppted me repeatedly and claimed that the codes officer "would never do that." If you're given a citati...

    Robert’s Answer

    That's what judges are for. Don't you have an appearance date to respond to the citation before the town court?

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  • I have a durable Power of Attorney over my aunt's finances, she is now incapacitated from stroke (but alive) am I still POA?

    The attorney that wrote the DPOA has made me pay for a retainer as she says I am now TRUSTEE, but my aunt is not dead… am I still DPOA?

    Robert’s Answer

    The durable power of attorney was intended to go into effect when your aunt became incapacitated. So if you aunt owes the attorney money for drafting the POA, it is up to you to pay (if you choose to exercise that power).

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  • Hi I parked in a muni meter spot but the actual sign did not say muni meter.

    The sign just said 2 hour parking but did not say it was a muni meter spot although there was a muni meter box halfway down the block. I did not park for more than 2 hours. Can I contest the ticket based on confusing signage. Should a muni meter s...

    Robert’s Answer

    2 hour parking in NYC means paying for two hour parking and it has never meant you don't get a ticket unless you park in the spot for more than two hours (unless you parked on a Sunday or the 2 hour parking is limited to Mon-Fri).

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  • Have a 2.5 x 2.4 lump in my right calf, hospital said it's was negative, I'm telling them something's wrong in my leg.

    Now it's 4 months later still having the same pain in my right calf. Went to have second opinion and I was right, their was something going on in my calf. The hospital told me I need an MRI. 4 montths ago if the hospital would of found something-I...

    Robert’s Answer

    Sounds like you need more medical attention, not a lawyer at this point.

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