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Mona R Conway
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Mona Conway’s Answers

219 total


  • How do you renew a motion for summary judgment when denied b/c change of counsel?

    How do you renew a motion for summary judgment when denied b/c change of counsel? The motion was supported by an affidavit of prior counsel. Is a new affidavit from new counsel sufficient "new evidence" for the renewal motion?

    Mona’s Answer

    I think I understand your question. First of all, your new counsel should be able to answer this question. But, in general, you can always move to "renew and reargue" if there is a genuine error in the Court's decision (not just because you don't like the result). Good luck.

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  • What are my chances if I have to sue this business? I am going to try talking to them again but would like to know my odds.

    In early October 2014, my wife and I booked services from a florist for our wedding to be held on 11/29/14. During the initial visit, we paid the full amount owed, even though only a partial deposit was required. On the invoice that they gave us...

    Mona’s Answer

    It sounds like you have a claim. Of course, an attorney would have to carefully review the contract, but from the information you provided, you should be able to get back at least the amount above whatever percentage the deposit was supposed to be. There should also be some sort of cancellation clause in the agreement.

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  • What is the proper procedure to ask the Court to disengage an attorney?

    attorney and me do not see eye to eye. Relationship has frazzled. He wants one direction. I want a different one. I am the client. Lot of $$ on the line. What steps do I take to disengage immediately. Do I need the court's approval?

    Mona’s Answer

    I'd like to add a clarification to my colleagues' responses. If YOU want to fire your attorney, you can; you should not need the court's permission. If your attorney wants to disengage, he/she must either get the aforementioned "consent to change attorney" executed by you, new counsel and former counsel OR he/she has to make a motion to be relieved as your counsel.

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  • Can my check have money taking out for insurance I never used?

    My company did a seminar to help employees receive medical benefits. I spoke with one of the reps and it seemed like a good idea. I didn't receive my insurance cards until the middle of march. Then my company told me that they would need to take o...

    Mona’s Answer

    Insurance policies are contracts. Have an attorney check the policy terms. As a business owner in this and other future dealings, you should have a business lawyer.

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  • Can betting someone on a 1v1 game of lets say basketball legal? If $ transaction goes through an app

    I was told by some attorneys that betting on a game of skill online could be made legal, what about betting someone to play a game of skill in real life and having the transaction go through an app

    Mona’s Answer

    Caution here, friend; gaming laws are very specific and pretty tightly regulated. If this is going to be your business, you have to have an attorney to guide you. Good luck (not in a gambling sense) ;)

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  • Is an order denying a motion for payment in BK Court a final or interlocutory order?

    The settlement plan called for payment to creditors on the effective date - almost 2 years ago. I made a motion for payment which was denied. Is this appealable as a final order? Thanks.

    Mona’s Answer

    Just to add to my colleagues answer: the time is calculated from the date of ENTRY of the order. Also, the judgment must be appealable, that is, you cannot simply appeal because you didn't like the outcome. You really should have a lawyer handle this - and quickly. You must appeal on time otherwise, you lose all chance of appealing. Good luck.

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  • What kind of attorney would I need for NYS False Claims Acts; State Finance Law, art. XIII (2013). I would be a complainant

    The company I worked for is under a very serious investigation from the NYS Attorney General's office, civil action, and I have the right to file a complaint on my behalf, I just don't know where to start.

    Mona’s Answer

    Yes, consult with an attorney who handles litigation. These claims are very specific, but a seasoned litigator should be able to handle it, if they want your case. Seek out an employment/labor lawyer as a start. Just find someone competent and trustworthy; you will know if you're in the right hands. Good luck.

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  • Can you file for related claims after a SOL if you filed suit before

    If you filed an initial breach of contract claim inside of the statutes of limitations and then unjust enrichment as part of the suit (later, outside of the claim), can you still recover for the second claim.

    Mona’s Answer

    I agree with my colleagues and, if this is not a small claims case, you really must consult with a business attorney. In any event, I will say, as a practical matter, that it is often worth a try. The defendant(s) will have to argue the SOL defense.

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  • What are my rights with photos on a film when contract changed, etc?

    I worked as set photographer on a motion picture. Because I wouldn't give the raw images over, only color corrected, they decided to not use the photos. The part I am confused about is they are saying I am not allowed to ever use them in my own po...

    Mona’s Answer

    You've got quite a few issues here. First, I agree that you should consult with a business/intellectual property attorney (BTW: I somewhat disagree with my colleague re Entertainment attorney b/c they often handle licenses and contracts, but not disputes). Your written contract controls. All activities outside of the written agreement may be "up for grabs." An attorney needs to review the terms.

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  • If you are late in providing the State of NY info after incorporating a small business. What is the best thing to do?

    -I got the information sent to a mail box that I don't check regularly -Now I need to get everything set up.

    Mona’s Answer

    It's actually pretty easy, if I understand your question. Go to the DOS website and look under forms to change your address. If you have any trouble, hiring an attorney to do this work is inexpensive and can be done remotely (email, fax, etc.)

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