Archived
If a settlement agreement was signed under the stipulation that it NOT be filed with a court, but it was, is it still valid?
Mitchell's answer
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Answered on February 16, 2014
Even though it was not filed it is a contract biding on the parties that signed it. You should be able to enforce its terms as a breach of...
Is there statue of limitation on wrongful death or medical malpractice lawsuit in the state of NY?
Mitchell's answer
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Answered on February 16, 2014
Sepsis is a particularily aggressive and lethal condition. Was an autopsy performed? If so, get a copy ASAP. Often, a coroner's report can be a...
Archived
My son was brutally beaten by correction officers while incarcerated. Is there a case?
Mitchell's answer
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Answered on February 16, 2014
I am assuming that the guards reaction was not in"self defense". Sure doesn't sound like it was. Make sure a Notice if Intent is properly served...
Archived
If a pharmacist filled a prescription incorrectly do i have a case
Mitchell's answer
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Answered on February 16, 2014
Attorneys Rothstein and Johnston gave you good advice. Follow it.
Archived
Defendant died, I discontinued. How can I resume action and remove the stay in my civil case?
Mitchell's answer
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Answered on February 16, 2014
Was the Stipulation agreed to by all parties? If not, you may be able to seek a stipulation with the consent of all parties and the court to simply...
Archived
I was told by my homeowners ins atty that i could not sue company because of workman's comp law
Mitchell's answer
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Answered on February 16, 2014
I disagree with the advice given to you. The injured party wasn't working for you and was not working for a contractor hired by you. You may be...
Can you sue for $2999 if you are owed $3000 and the criteria for small claims is less than $3000?
Mitchell's answer
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Answered on February 16, 2014
The settlement or court order mandating these payments will almost certainly state where enforcement and claims for non-payments must be brought....
Do NY process servers have limited exemption from trespass laws?
Mitchell's answer
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Answered on February 16, 2014
Good question. Simple answer-No, they do not.
Archived
How does my insurance company's assessment of fault factor in to the actual law-suit result?
Mitchell's answer
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Answered on February 16, 2014
The answers given by the other attorneys is a comprehensive response to your inquiry. If the no fault liability was contested and you prevailed...
My lawyer wants me to sign a POA to authorize the insurance company to transfer compensation into lawyers account, is this right
Mitchell's answer
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Answered on February 16, 2014
Typically, the insurance carrier issues the check made payable to the client and the attorney both named as the payees. Attorneys often ask the...
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