Exceptional Case

It is not clear whether the defendant submitted a motion to dismiss or a motion for summary judgment. You appear to use the terms interchangeably...

As an attorney practicing in New York, you should be familiar with CPLR 321 [b]: (b) Change or withdrawal of attorney. 1. Unless the party is a...

If client was rear- ended by a drunk driver; and he lost control of the wheel, that lead to knee surgery, how would solve claim?

You should do your client the biggest service possible. Refer the case to an experienced personal injury lawyer and establish a fee sharing...

Advice transferring a judgement and bench warrant from a NJ judge to person who now lives in Suffolk Co. NY.

You need to domesticate the out-of-state judgment in New York. Once that is accomplished, you must follow New York procedure regarding the...

Summons served on bank by certified mail return receipt received. Federal court located in NYS.Legally served?

The Federal Rules of Civil Procedure ["FRCP"]dictate the manner in which proper service is effected. FRCP Rule 4 {h} is relevant to service on a...

Company posted erroneous information about product's energy consumption on their website. I bought the product based on this.

It is possible that this could provide the basis for a consumer class action. However, an attorney would need to review the sales...

My husband claims sending me divorce papers by regular mail is enough for me to be considered served in NY state. Is that true?

You are correct about the method of personal service required in New York. Personal Service On a Person shall be made in one of the following...

I am looking for an employment lawyer that can work on contingency to handle a matter for me.

You should use the AVVO find a lawyer function. Attorneys on AVVO are not permitted to solicit clients through this forum. This is further...

Do I have to pay?

You have received sufficient legal advice so I will take this opportunity to condemn your moral compass. For some unstated reason [perhaps bad...

Mr. Warshaw is correct. The issue is one of statute of limitations not statute of frauds. Technically, the limitations period to sue for breach...