Archived
My husband put in writing that upon his demise I cannot do anything without his adult children's permission, can he do that.
David's answer
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Answered on May 03, 2017
Does he/did he have a will? Is this a document separate and apart from his will? Is it part of his will?
If he had a will and this document is...
Archived
Is there a Test / Method to determine if a Document Request during Discovery is Relevant?
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Answered on May 02, 2017
A document request does not necessarily get tested by relevancy. Rather, a document request's reasonableness can be measured by whether it is...
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Archived
Can I sue even though I signed a waiver?
David's answer
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Answered on May 02, 2017
Unfortunately, it is difficult to answer this question without seeing what you signed or at least knowing the language that's in it. If you sign a...
Archived
Summons and Complaint in NYC Civil Court
David's answer
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Answered on May 01, 2017
The motion suffices as an answer to your complaint. Are you sure it was never filed? Generally, those papers are filed with the court and not with...
Archived
For a motion to reargue, do you serve opposing party when you file the motion, or wait until leave to reargue has been granted?
David's answer
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Answered on April 28, 2017
Service of the motion should happen at the time of filing. Generally, you have to submit and affidavit of service with your motion to show that it...
Archived
What kind of lawyer do I need to hire when my taxi medallion agent does not pay fees he agreed to?
David's answer
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Answered on April 28, 2017
Find someone with with litigation experience. In a perfect world you would also find somebody who handles these particular types of cases but that...
Can a small claims defendant file a counterclaim for attorney's fees if it goes to trial de novo?
David's answer
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Answered on April 28, 2017
Yes, the defendant could file a counterclaim seeking to recover attorneys fees. However, attorneys fees are generally only recoverable if provided...
Archived
Can informal negotiations take place after a lawsuit is filed and before scheduling conferences?
David's answer
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Answered on April 27, 2017
As long as you are not represented by an attorney, the other lawyer can discuss settlement with you in person or on the phone or in any other...
Do I need to respond to a summon to answer a complaint? I was told I don't need to answer unless their is a court date.
David's answer
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Answered on April 27, 2017
Yes you are required to answer otherwise you will be in default.
You do not need to appear unless there is a court date. But once you answer...
Archived
We are close to settle with a long-developed proposal. Do I need to prepare for the trail?
David's answer
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Answered on April 27, 2017
You must prepare for trial. If the case doesn't settle you will be caught unprepared. Additionally, if you are prepared you'll be settling from the...
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