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David M. Kasell
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David Kasell’s Answers

961 total


  • What could happen if a car dealer can not fix a repair that is covered under the warranty?

    A previous owner of my car purchased an extended warranty that transferred to me. It has been at the dealer for weeks for a repair that is covered under the warranty but they have been unsuccessful at fixing the problem. If they are unable to fix ...

    David’s Answer

    Coverage under the lemon law is different than coverage provided under a service contract extended warranty. The lemon law covers the engine, transmission, drive axle, steering, and certain other parts. Your ability to sue under the lemon law depends on when you purchased the vehicle and how many miles on it when you bought it. All I want

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  • Can I be arrested for violation of order of protection???

    I have an order of protection against me issued by criminal court september 26, 2011. The order of protection is from my kids mother against me. Our daughter was conceived Febuary of 2013 and was born October 18,2013 and I was not acknowledged as ...

    David’s Answer

    I am not sure what your question is.

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  • What will the judge do with the case if nobody showed up at the bench trial

    My company has a commercial lease on a property we occupy. We have never been late with the rent. The owner of the building brought a holdover eviction case to civil court saying we weren't taking care of the property. The judge urged us to settle...

    David’s Answer

    It is possible that the ase was or will be dismissed. That could be with or without prejudice.

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  • Is it legal in NY state to fill out credit card applications for someone else, if they give their verbal ok?

    Is it legal in NY state to fill out credit card applications for someone else, if they give their verbal ok? Do you need to have a power of attorney to do this legally for someone?

    David’s Answer

    You can complete everything on the form with instructions and information provided and verified by the person applying but they must sign the form unless you have power of attorney. However many financial institutions require a particular form of power of attorney.

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  • Can I secretly place a microphone in a call room to record my co-founder's side of his phone calls for proof of his misdeeds?

    I'm pretty sure my company co-founder is running another business on the side, yet doing it during the day from our office, using company resources. We're both officers of the company. Even if I don't plan to release it to the public or use it in...

    David’s Answer

    New York id what they call a "one party state", meaning as long as one participant to the call consents to recording, recording is okay. If you are not a party to the call you can not legally record it.

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  • Do lawyers at the NYC Bar Association have a cheaper rate than law firms? Lawyer Rates?

    I been searching for lawyers and have seen some are $300-$450 an hour. I did some research that you can go to the NYC Bar Association and meet with an attorney. Are these attorneys students or charge much less than private lawyers? Any background ...

    David’s Answer

    Depending on the case, a law school clinic may help you for free. Also, depending on the type of case, you may find a lawyer that will take your case on a contingency fee basis where they will get paid out of what you recover instead of charging you hourly.

    Shopping for lawyers based on price is a mistake. If the lawyer doesn't charge much but does a lousy job, sure you saved money but you lost your case.

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  • What can I do?

    Boyfriend owes money to his boss, boss is holding My property till paid, not my debt at all. Initial amount was paid only some property returned because he added additional fees and debt

    David’s Answer

    Obviously, we do not have all the facts here. However, the "boss" is committing "conversion" by unlawfully exercising dominion and control over your property without a legal claim to that property.

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  • Where can I find my case online with a docket number in Queens, NY?

    I've tried many websites for Queens Supreme Court but can't find my case.

    David’s Answer

    I agree with Mr. Rothstein as far as criminal cases are concerned. If it is a civil matter go to ecourts and look it up by index number.

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  • What legal options do I have?

    I've been having issues with my car dealership. They fraudulently sold me a $2000 warranty on my car then when I tried to use it they said they had no record of such warranty(I have a copy of the contract). Then when I got a lawyer involved, they ...

    David’s Answer

    Contact a consumer protection attorney in your area familiar with automobile issues. This is a common scam for a dealer to charge for a warranty and then pocket the money without buying the warranty. Depending on when this ll happened and if you financed the car, you may have a solid claim under the federal Truth in Lending Act.

    But you only have one year from the date of sale to bring suit under the Truth in Lending Act.

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  • What steps do we have to take to try to get the money back and just return the car

    I helped my girlfriend purchase a used car from a used car dealer about 2 1/2 weeks ago and it has broken more than she has driven it and we have tried a number of times to have the dealer give the money back because the has been nothing but a nig...

    David’s Answer

    New York does have a used car lemon law. If the dealer is not undertaking repairs for certain problems in certain time frames you can sue to get a refund. Contact a local consumer protection attorney.

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