Archived
In New York, are affidavits allowed to be used as evidence/testimony at trial?
Elan's answer
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Answered on March 17, 2015
I agree with Mr. Rothstein and reiterate that generally affidavits cannot be used in lieu of live testimony. However, I would also point out that...
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In NY Supreme court do you need leave of court to make a motion to compel discovery after a judge is assigned?
Elan's answer
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Answered on March 17, 2015
I agree with Mr. Rothstein but would also point out that if you're in Supreme Court, you will need to comply with 22 NYCRR 202.07(a)(2) such that...
Archived
Civil Suit
Elan's answer
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Answered on March 16, 2015
The appropriate location based on what you've written is Nassau. However, even if you could theoretically sue in NJ (meaning that NJ had personal...
Archived
In a personal injury case, can you proceed with a trial without a deposition from the defendant?
Elan's answer
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Answered on March 10, 2015
I agree with Messrs. Kasell and Brinkmeier but would also add that if you do not take the defendant's deposition in advance of trial and he or she...
In a NY civil lawsuit, how many adjournments is a defendant allowed to request? Is there a limit to the number of adjournments
Elan's answer
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Answered on January 20, 2015
I agree with the other answers posted but would also add that taking the proverbial "high road" here and not making a fuss over adjournments may...
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Archived
What do I need to present to the judge in a small claims inquest?
Elan's answer
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Answered on January 13, 2015
If the NYCLA arbitration award letter is the original and signed by the arbitrator(s), you probably have a good chance of getting it confirmed...
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What to do? I am being sued for $25000
Elan's answer
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Answered on January 06, 2015
It will be helpful for you to keep and organize EXACT proof of how the money received from the insurance company was used. This includes but is...
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I can not afford a lawyer again. Is there a way to find a lawyer who does pro bono work or are there court appointed attorneys?
Elan's answer
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Answered on January 01, 2015
Occasionally, law schools offer clinics to their second and third-year students, which in turn can involve pro bono representations. Based upon...
Archived
What penalties or consumer relief is available for reimbursing a customer for inept or fraudulent billing for product or service
Elan's answer
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Answered on December 30, 2014
The Attorney General has a department for cases like yours. See http://www.ag.ny.gov/bureau/consumer-frauds-bureau. I recommend speaking with...
Archived
How is the statute of limitation applied when evidence is discovered after the statute of limitation expires?
Elan's answer
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Answered on December 30, 2014
I do not practice criminal law, so I cannot offer any guidance on the criminal statute of limitations (which your question apparently concerns) and...
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