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Craig A. Post

Craig Post’s Answers

1,125 total


  • Plaintif calls witness after resting while defense case. Do they have to stipulate them as a rebuttal wittness on the record

    Plaintiff lawyer rested then in the middle of the defense's witness's questioning. While waiting for 2 months for the next Trial date the Plaintiff sends the Judge a Fax requesting an adjournment of trial date stating reason why is Their Princip...

    Craig’s Answer

    • Selected as best answer

    Unless there is some abuse of discretion, the court is the final arbiter when it comes to trial procedure. That being said, you must make objections to both the adjournment request and the calling of a witness for rebuttal purposes on the record. If you don't put these objections on the record, you will lose the opportunity to present them to an appellate court. Since it appears you are now doing this pro se, I would say you may have been a little hasty in dismissing your attorney and should look to engage someone new before proceeding further.

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  • I am suing the City of NY for false arrest. I filed a Notice of Claim and shortly thereafter, received a Notice of 50-h Hearing.

    It states in part "Claimant is further mandated, pursuant to Section 93(d) of the NYC Charter and Section 50-h of the GML, to present him/herself for a physical examination at a date and location to be provided under separate cover." I feel this...

    Craig’s Answer

    What you are referring to is boilerplate language contained in a form letter. That being said, if they demand the physical and state a compelling reason for it, you would likely have to attend. I wouldn't worry about it right now. Get through the 50-h hearing first.

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  • Need a lawyer to help on a slip and fall case pls help?

    I had a fall in Walmart September 5th 2014 while 5 months pregnant. My claim was denied by Walmart and haven't been able to get a lawyer that will help me due to conflict of interest pls help.

    Craig’s Answer

    Conflict of interest sounds like a nice way of saying your claim may not be worth pursuing. What were your injuries? What did you fall on?

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  • Can i sue a dentist who did a root canal that t has to be be redone and didn't find the source of the real pain

    which was a very bad infected molar causing extreme pains for days. plus the place was dirty and told the person working on my tooth i was in unreal pain but she blew it off.. i ended up in er they weren't much they didn't even see i had...

    Craig’s Answer

    You can sue. The question is whether you can recover. A bad result is not the same as malpractice. Get your medical records together and consult with an attorney that handles dental malpractice actions as soon as possible.

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  • Process serve

    What is a good way to locate the address of a defendant that drives a vehicle to serve process? Also does anyone know of a good process server or search engine to locate someone?

    Craig’s Answer

    While you should always consider hiring an attorney to process your claim, there are internet tools available that can conduct searches for a fee. There are also free reverse address and phone number searches that can at least give you some preliminary information. As far as process servers are concerned, again an internet search or phone book search should give you several options.

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  • Slipped on a wet basketball court in the YMCA where there were no warning signs about the danger. Is it useless to sue?

    The gymnasium floor is not wiped down after every use like professional or even college gyms are. Other areas in the gym that become slippery are kept as clean and dry as possible (ie the Pool deck, track, floors leading from the shower) but the b...

    Craig’s Answer

    This is not an easy case. As with most sports related injuries, you assume the many risks that are associated with the game. Obviously you were aware of the slip and fall potential here plus there is an issue as to whether or not the facility had actual or constructive notice of the condition. You don't state what your injuries are but either way, you should consider consulting with a personal injury attorney as soon as possible to discuss both liability and your damages.

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  • T-bone accident on Saturday night AT 22:09 PM at a crossroad junction (14th street) in New Jersey when a lady jumped the signal

    I'm yet to receive the police report. Surveillance camera confirmed that the lady had jumped the signal and it was her fault. Side air bags did not deploy either. Both the parties share Geico insurance. Geico is sticking to New Jersey No-FauIt Aut...

    Craig’s Answer

    The no-fault issue and the other driver/manufacturer's potential liability are not the same. No-fault, which covers your medical expenses, etc., is governed by your policy with GEICO. It is called no-fault because your GEICO policy covers you for accident related expenses regardless of who caused the accident. As to liability, that to will be governed by your policy and the limitation on lawsuit choice you made when you purchased the policy in relation to your actual physical injuries. As suggested, you should consult with a personal injury attorney as soon as possible.

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  • Medical Litigation Attorney? Had a needle biopsy performed on my breast. Can I sue for emotional distress & substandard care?

    Dr. calls me & said there is an issue with the angle in which biopsy was performed & marking clip was inserted. Dr. asked that I come in for additional mamo. Since I am in remission from Hodgkins & my exposure to radiation is to be limited I am ha...

    Craig’s Answer

    This is a difficult case. Based on what you've posted, it's not certain that malpractice was committed. Even if liability was established, your damages appear somewhat limited. Best thing to do is to get your medical records together and consult with a qualified medmal attorney as soon as possible.

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  • Can a court put a case back on after it was dismissed for nobody showing up because the court calendared it wrong?

    I had a case calendared for the today originally but when i checked online it was for yesterday. I went yesterday to confirm it was dismissed. They stated that it was. Today i received a call saying the case was supposed to be on for today and ...

    Craig’s Answer

    As Mr. Horner indicates, the court is ultimately in control of it's calender and as long as there is no abuse in that discretion, it can certainly rectify an error.

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  • Won Arbitrator's Ruling, does it need to be confirmed via Article 75. If so, what needs to be done so we can use in Federal Ct?

    Presently we are Pro-Se, and looking for an Attorney to work on contingency.

    Craig’s Answer

    As indicated, you need to confirm the decision via petition pursuant to CPLR Art. 75. Using article 75 implies this is a state court matter. Is it your intention to use the award as a defense in a federal court action? You need to clarify that issue.

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