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David M. Kasell
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David Kasell’s Answers

840 total


  • Can papers be served by leaving them under the door of a Lawyers Office?

    I am trying to serve papers on a lawyer who is never in her office. and does not have any court dates booked that I can find on the E-court website. Is it "Good and Proper" to leave papers under her door? Would that be considered Proper ...

    David’s Answer

    Is the lawyer a party or representing a party? If he lawyer represents a party and this is noservice of process to initiate a lawsuit, having a non-party mail and complete an affidavit of service is sufficient service.

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  • Purchase a car on 7/2 signed contract

    left lot at 8 30 with dealer plates as put down 1500 with car payments and to come back next day with 1500. One hour or so later broke down with car. emailed dealer that night and called three times next morning. they did come and tow car. got a...

    David’s Answer

    It appears that you hve a contract to purchase the car. If you have problems you should continue to seek repairs from the selling dealership in accordance with the Lemon Law. I am wondering who has the vehicle now if ot you because based on the contract you purchased this car. Is it bck at the dealer for more repairs? Something is missing from your story.

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  • Can I put a mechanics lien on a property

    I performed repairs and maintenance that the landlord refused to do. I have since moved out, but can I put a mechanics lien on the property before filing a lawsuit?

    David’s Answer

    No. A mechanics len is for the person performing the work and attaches to the property. You should just file your lawsuit.

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  • Lemon Law for used cars in New York with a private seller?

    I bought a BMW for $14,000 from a private owner 2 days ago. I had the car checked out by a garage he suggested. Turns out there is a major engine problem that they colluded to cover up. What is my recourse?

    David’s Answer

    The Lemon Law does not apply to private sales. You could sue for fraud but that could get expensive and you will need proof of what they did to defraud you.

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  • I recently realized that I was a victim of a dating scam. I do not know what kind of lawyer I should be talking to in this matte

    What type of lawyer should I be looking for to speak in private about being a victim of a dating scam?

    David’s Answer

    Not sure what the scam was and it would help to be able to answer your question.
    But I would suggest a civil litigation attorney.

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  • I was deceived for a short sale mortgage fraud and gave $38000?

    I was deceived by person who claimed he had connections in a bank to get a house in short sale. So we gave him checks for $38000. We are religious family and he used that against us for 8 months and swearing on all the elements of earth. he would ...

    David’s Answer

    You should hire an attorney to try to recover your money. At the same time, you should also contact the District Attorney's Office and file a police report.

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  • Does my car qualify for nys lemon law?

    I bought a u see d car from a well known dealer 7 monyhs ago, I've had 4 occasions I brought the car in to get worked on 3 times at the dealer and this last time somewhere else. The mecahnic at fixed the problem but found that the cause of all my...

    David’s Answer

    Depending on when you had these problems they could be covered by the lemon law. However, the lemon law only covers a used car for a maximum of 90 days or 4000 miles after the date of purchase, whichever comes first. So, if the problems happened outside of that time frame, it would appear that you do not have a case.

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  • I received a written notice of annual bonus. Got paid that amount. paid credit card debt. 2 weeks later they want most back.

    I paid credit card debt and do not have the cash to repay. They want the money back. Can they deduct from my paycheck? can I make them take it out of next years bonus?

    David’s Answer

    Do you have a written employment agreement? Was this bonus discretionary or was it written into your contract in some way? Is hard to answer this question without more information.

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  • Can a lawyer help me with a car dealer on a brand new car?

    the Radio/camera/phone reboots and freezes in our brand new car. Service has replaced the part once but still happens. We sent them video proving that it happens. They claim they never saw before and don't know why, but have had it in service abou...

    David’s Answer

    You need to consult with a lawyer that has a deep understanding of the Lemon Law. The law itself is straightforward but th efirms that defend the manufacturers and deralers have a lot of experience. To give yourself he best chance of winning you need o consult with someone that has dealtwih these issues many times before.

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