In a civil case if there is default judgement, does plaintif need to file an inquest with judge within a certain period of time?
Jon's answer
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Answered on September 11, 2020
Hello:
From a recent case:
C.P.L.R §3215(c) provides that, “[i]f the plaintiff fails to take proceedings for the entry of judgment within one...
Archived
I signed a bargain and sale deed to my sister under undue influence. I was very sick at the time. Do i have any recourse?
Jon's answer
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Answered on September 11, 2020
Hello:
This is fact specific - grounds to set aside include competency, fraud, undue influence, public policy, etc. The burden of proof is on...
Archived
Do I have to reimburse my company since they never told me about it until now?
Jon's answer
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Answered on September 10, 2020
Hello:
I do not know if they will go after you for the amount claimed is so small. More facts are needed so you may have to retain counsel for...
In NY state if my apartment is infested with roaches and my landlord has multiple code violations, do I have to pay rent?
Jon's answer
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Answered on September 10, 2020
Hello:
You can withhold rent for any reason but the landlord will eventually pursue a non-payment proceeding. At which time, you will allege...
If I’m married but been Separated over 14 years can I get a Domestic partnership with someone else ?
Jon's answer
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Answered on September 10, 2020
Hello:
No you cannot because you are still married. See https://www.cityclerk.nyc.gov/content/domestic-partnership-registration
Archived
Case in surrogates court 5 years Depositions have been altered to protect from perjury can the case be thrown out & started New
Jon's answer
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Answered on September 10, 2020
Hello:
CPLR 3116 permits changes to transcripts undercertain circumstances.
Archived
I was discriminated and humiliated in school due to being a nursing mother and needed to pump breast milk, do I have a case?
Jon's answer
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Answered on September 09, 2020
Hello:
See https://ag.ny.gov/civil-rights/equal-educational-opportunity
Can I refuse to give my bank statements for a recertification in NYC?
Jon's answer
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Answered on September 09, 2020
Hello:
If you do not complete recertification, you will lose your public assistance benefits. They may be looking for other sources of income.
Archived
Does divorce court judge need to see all financial info from couple who came to settlement agreement before first appearance?
Jon's answer
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Answered on September 09, 2020
Hello:
Is one of the parties seeking to set aside the Settlement Agreement? If so, you have a contested divorce. If not, it should proceed as...
Archived
I gave retainer for lawyer 2 years ago. He supposed filed for guardianship 1 year ago. Life insurance beneficiary is involved.
Jon's answer
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Answered on September 09, 2020
Hello:
I would suggest you retain new counsel for this matter as well as the matter of the return of the retainer (and possible legal malpractice).
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