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They seem seem to be the same thing but they are two separate motions. What is the difference between the two and when is it better to use one over the other.
A judgment on the pleadings is essentially a motion to dismiss but under the federal courts standards.See question
19 year old driving with suspensed license that he was unknown of. Another vehicle didn't stop on the stop sign To avoid the crash and killing the two babies on board. The 19 year old turned the car. Hit a pedestrian, who is alive. Both drivers...
I agree with the answers provided by the other attorneys. This will likely be a triable issue of fact.See question
My husband and I have been married for 1 year. We have been together for 16 and cohabitation for about 10. We are normally a happy couple and we have two kids. For years since my husband has become the sole breadwinner he has become very verbally ...
If property is purchased during the marriage, there is a rebuttable presumption that it is joint marital property. The rationale for that is because the money used to purchase property came from marital income.
If there were improvements during the marriage, and it was separate property, you may be entitled to an appreciation of value.
Regardless, you should contact an attorney.
Best of luck!
I went to file a case involving fraud/scheming to defraud in the Brooklyn Civil court and it was suggested that I file in the Supreme Court instead? What could be an advantage to do so. I want the person to return money taken.
Another factor for you to consider aside from the $25,000.00 threshold to be in Supreme Court is that you can ask for punitive damages in a fraud case. That can easily eclipse $25,000 if found liable.
Hope this helps.See question
Description of the street: single lane one way, with parking on both sides. My boyfriend was pulling out of a parallel parking spot and entered into the street. He was in the street enough already to let another car pull into the spot he left, ...
I agree with the other attorneys. Both insurance companies will point fingers at each other, and if not satisfied with the apportionment of liability, you'll have to end up in court where a jury will determine liability. Best outcome would be if you had impartial witnesses to the accident.
Hope this helps!See question
I was on the highway maintaining a safe speed and safe distance. When a car in front of me getting off at an exit almost hit the medium and to avoid it pulled out in front of me which caused me to hit them and another driver to hit me from on the ...
First off, you should probably see a doctor to make sure you're okay. Second, I think what you did by informing that the other driver took off was smart. As to your options now, you have to go through a whole series of steps, some which involve no fault, property damages and bodily injury claims. I agree that you should probably consult with a personal injury attorney.
Best of luck!
Child support- if I make over 300,000 a year in NYC how much I have to pay in child support. I'm the mom and the dad has full custody.
Good question. The law on this recently changed in October 2015. Assuming there is maintenance involved, it would be capped at 175k. After that child-support is the deducted based on how many children you have and the applicable formula.See question
3 year case has reached the final stages (pre-trial/trial). Unhappy with the communication and the drive of current attorney. Seems totally disinterested in a final resolution (emails/calls going unanswered). It's been exhausting, expensive and ne...
The final stages are usually the most difficult. Not like applying the last "coat of paint." It's probably best to stick with your current counsel unless you are that miserable with your representation.See question
in our settlement. When the final stip of settlement was drawn up, which my atty did, the wording for the VS fund, was changed to another name which was a closed account years ago, But I was entitled to pension and VS. After signing the agreement ...
It sounds like you may have a basis to prevail in a legal malpractice claim. What should have been done is to have filed a QDRO after the final judgment of divorce.See question