Archived
What are my odds of winning a case where the lawyer messed up a will and it was misread and signed ending up cutting out heirs?
Thomas's answer
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Answered on December 12, 2014
Your odds are very long. Your friend's oral statements are trumped by the directions he made in a validly executed last Will. If your friend was...
Archived
What can be done if an attorney swears he didn't receive an exhibit, but a process server makes two sworn affidavits of service?
Thomas's answer
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Answered on December 11, 2014
You should first ask your attorney about this issue. Assuming that what you meant was to say that the attorney for your opponent denies receiving a...
Archived
My former employer no longer wanted me when they found out I was HIV positive, I had worked for them for 9 years, and lived-in,
Thomas's answer
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Answered on December 11, 2014
If the agreement you signed contained the standard general release (giving up the right to sue the club), you cannot bring a lawsuit for...
Archived
My boyfriend is a New York State independent contractor. He works for a direct marketing firm (door to door solicitation) whose
Thomas's answer
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Answered on December 10, 2014
If there is such a rule, I am not familiar with it. It is a pure guess that the DM firm is claiming the thirty percent as a "referral fee" because...
I was a victim of a check kiting scam and owe the bank 14k , what do I do?
Thomas's answer
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Answered on December 10, 2014
You say that a check kiting scheme victimized you. Did you have any role in it, whether or not you were "stupid" to participate in it? If so, then...
Archived
Company removing vacation days,, documented in handbook they are earned - no compensation. Salaried employee. recent takeover
Thomas's answer
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Answered on December 10, 2014
Since absent an agreement, employees are not entitled to vacation time off, the question is whether the promise of vacation time in a company...
Archived
Order to show cause for contempt.
Thomas's answer
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Answered on December 09, 2014
It may be that the appeal has to be dismissed before the automatic stay of the document turn over order is vacated. Unless the Second Department...
How do I file a complaint for someone lying about me under oath?
Thomas's answer
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Answered on December 09, 2014
Your legal options would depending on the nature of the false statements. A lawsuit for slander (in which you could seek money damages) would...
My grandmother gave me a gift letter for a mortgage. she gave me three gift letters because the bank denied all of them
Thomas's answer
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Answered on December 08, 2014
A promise to make a gift in the future is not enforceable. You would not be able to sue under breach of contract or promissory estoppel. Good luck.
May I appoint someone who is not US citizen/not even a resident, and who lives in a foreign country to be an executor of
Thomas's answer
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Answered on December 08, 2014
The Surrogate's Court Procedure Act disqualifies a foreign resident from serving as the sole executor of a NY Estate. However, a non-domiciliary...
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