David J. Abeshouse’s Answers

David J. Abeshouse

Uniondale Arbitration Lawyer.

Contributor Level 8
  1. How does one compel mediation?

    Answered over 3 years ago.

    1. Jonathan Robert Simon
    2. David J. Abeshouse
    2 lawyer answers

    One or two additional thoughts to add to what was said in the previous answer: Although mediation may have been court-ordered, ultimately it is a consensual process, in which the parties must agree on terms in order for there to be an enforceable agreement. Otherwise, the court will proceed to hear and determine the case. So, if mediation is likely to be helpful, it's worth pursuing. If, under the circumstances, it's merely a stage that has to be gone through in order to get to the next...

    1 person marked this answer as helpful

  2. Who is the responsible party for paying the arbitration expenses?

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. David J. Abeshouse
    3. Steven Ronald Kuhn
    3 lawyer answers

    I am not sure at what stage your matter currently is, based on the question. I agree with the previous responding attorney, Alan, that if your question is more theoretical, in advance of a dispute, then you definitely should provide in the arbitration clause (agreement) such particulars as who is responsible for payment of arbitration expenses (e.g., filing fees, arbitrator compensation, expert witness fees, and any other direct costs) and payment of lawyers' fees. There are many options and...

    1 person marked this answer as helpful

  3. My x wants me to pay her money i dont have, does she have a case against me?

    Answered almost 5 years ago.

    1. Timothy J. Klisz
    2. David J. Abeshouse
    2 lawyer answers

    From what you've written, it seems that you have no legal defense; the fact that you may presently lack the funds is not a legal excuse or defense (if it were, our entire system probably would collapse, because no one ever could be assured payment). If she decides to take you to court, and if you lack any legitimate legal defenses, the likelihood is that she would and should prevail. Your written statement implies that you did indeed agree to repay her. Was there any condition precedent to...

    1 person marked this answer as helpful

  4. I want to sue my employer and the statute of limitations is coming right up. But I also have an arbitration clause.

    Answered over 1 year ago.

    1. Nicholas Basil Spirtos
    2. David J. Abeshouse
    2 lawyer answers

    You also should consult competent counsel in your jurisdiction because it is possible that the arbitration clause may preclude commencement of a lawsuit in court (or, as the previous responder suggested, render it subject to dismissal). You have implied that, but haven't indicated whether, the claim on which you want to sue arises out of facts that are subject to arbitration, due to the clause. As a general rule, one does not do both (sue in court AND arbitrate). Moreover, if what you're...

  5. I received an arbitration award by AAA five months ago. How do I turn this into a judgment?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Frank Wei-Hong Chen
    3. David J. Abeshouse
    3 lawyer answers

    In New York (I recognize that you're in California), you have 90 days after issuance of the arbitration award to move in court to vacate (overturn) or modify an arbitration award, and you have one year after issuance of the award within which to confirm it in a court judgment. There may be similar or different time limitations in California, so you should consult competent counsel to advise you on this important aspect. Confirming the arbitration award in a court judgment makes it much more...

  6. Is there a place on the internet that has free samples of filed briefs sorted by types of lawsuits?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Richard C Koman
    3. David J. Abeshouse
    3 lawyer answers

    In addition to the previous answers, you also might want to check to see whether the court in which you'd be filing the complaint has a special office or at least separate clerks for dealing with people representing themselves (usually called "pro per" or "pro se"). If so, they can be helpful. Also, check out Nolo.com for information and forms for self-representation. It's a very tough road to do it yourself, and even if the court might provide assistance, someone not trained or experienced...

  7. Homeowner's association nonsense: Can we pay under protest and then sue the HOA for the $ under small claims court?

    Answered over 4 years ago.

    1. David J. Abeshouse
    1 lawyer answer

    On the first part of your question: From what you've said, if you're intent on contesting their claim, then I agree that paying it under protest as you suggest would be the best way to address the situation. Just be sure that (a) you know exactly how much the HOA's full claim is, including any claimed interest, so that you're in a position to be cleared completely, and (b) you include a clearly-written letter that the payment is being made under protest and reserving all rights because you...

  8. Where can I find a lawyer that can help with my car that got wrongfully towed?

    Answered over 4 years ago.

    1. David J. Abeshouse
    1 lawyer answer

    Actually, Avvo might be an excellent place to search for such an attorney in your local area. You can search Avvo by geography and legal practice area. For specifics, you can see Avvo's FAQ/help sections. And of course there are other lawyer search sites on the web as well, including martindale.com, justia, etc. Please note that I am not licensed to practice law in your state, and I practice only in NY. This response is provided for educational purposes only, and no attorney-client...

  9. Can I go to small claims court if there is outright fraud in an investment when there is an arbitration clause in the contract?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Kenneth Evan Chyten
    3. David J. Abeshouse
    3 lawyer answers

    There is considerable case law on this issue, and it all comes out essentially in favor of the matter proceeding before arbitration, rather than in court. You may end up being better off in arbitration than in court anyway, for a variety of reasons too involved to explain here. Bottom line: Don't have a knee-jerk negative reaction to arbitration, and don't waste time, money, and effort fighting a losing battle to get into court, when the case clearly belongs in arbitration. Please note...

  10. Can RE Broker sue client if house gets full price offer but doesn't sell - says fault is the sellers. Total time on MLS, 3 days.

    Answered over 4 years ago.

    1. David J. Abeshouse
    1 lawyer answer

    I'd need a clearer statement of the facts to be able to answer more specifically. However, as a general principle, in most states, the touchstone inquiry is whether the broker was the "procuring cause" of a sale or prospective sale. In other words, the broker's job is to obtain for the seller a buyer who is ready, willing, and able to purchase the property at the agreed price. If any element is missing, the broker should not prevail. It does not matter how long the broker had the property...