Archived
Can landlord be sued if tenant was attacked while sleep by squirrel after he was aware mice were falling in from ceiling?
Robert's answer
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Answered on August 24, 2013
Who was aware of the mice, the squirrel? If you are referring to the landlord's knowledge, what does its awareness of mice have to do with a...
Archived
Question in Personal Jurisdiction & Court's Conflict of Interest in establishing personal jurisdiction in out of state defendant
Robert's answer
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Answered on August 22, 2013
Is this from a law school exam? First, the court officer is not a judge and will not be deciding anything. Second, personal jurisdiction can be a...
Archived
How do I best prepare my manuscript to avoid a defamation lawsuit?
Robert's answer
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Answered on August 22, 2013
(1) Truth is an absolute defense to defamation; (2) opinion is not actionable; (3) there are many privileges that may apply; and (4) plaintiff's...
Archived
Can a Superior Court Judge in NY order something that is illegal?
Robert's answer
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Answered on August 19, 2013
What appears to be clear is not always so.What matters is how the case law interprets the statute. If you think you're right, find case law and...
Archived
If my case has political ties with the supreme court how can I get a fair anything?
Robert's answer
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Answered on August 17, 2013
Maybe your motions are being denied for good reason.s You haven't told us anything about who has the political connections and what the nature of...
What is the rule in NY for refund due from Lawyer to client for unused portion of retainer fee
Robert's answer
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Answered on August 17, 2013
In NY, a non-refundable retainer is not allowed. If the lawyer, per your written retainer agreement with him or her has not billed work against the...
Archived
How do I prove neither of us were served?
Robert's answer
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Answered on August 17, 2013
Process servers are not always truthful. Ultimately, it's the word of you and your sister against the process server and a judge will have to...
Archived
WHAT CAN I DO IF MY ATTORNEY IS MAKING AN APPLICATION (MOTION) TO THE COURT TO EITHER COMPEL ME TO SIGN .OR RELEVE HIM.
Robert's answer
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Answered on August 14, 2013
As the daughter (your niece) is no longer a minor, she does not need your permission to sign off on the portion of the settlement that belongs to...
What does a prima facia case mean?
Robert's answer
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Answered on August 13, 2013
It's hard to tell from your facts whether your adversary made a CPLR 3211 motion to dismiss on the pleadings or a CPLR 3212 motion for summary...
Hi What is the jurisdictional limits of Supreme Court in Suffolk County NY (in terms of money a persons is suing for)
Robert's answer
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Answered on August 13, 2013
There is a minimum jurisdictional limit, $25,000 but not an upper limit.
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