Archived
We had to cancel our wedding due to the NY ban on gatherings of 50+ people. Can we sue for our deposit back from our vendors?
David's answer
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Answered on March 16, 2020
Possibly. Your issue actually raises interesting concepts in contract law like force majeure and impossibility that don’t come around very often.
Archived
Can a court date you were unaware of be moved last minute?
David's answer
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Answered on March 15, 2020
Tomorrow make a request for an adjournment. The court will likely be adjourning this tomorrow anyway. The chief judge in NY issued a directive...
Archived
Hello
David's answer
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Answered on March 15, 2020
There’s really no motion to do what you’re asking. Parties generally don’t get a second bite at the apple. This is not something that really...
Archived
How would the coronavirus affect cases in litigation in the NYC courts?
David's answer
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Answered on March 15, 2020
Friday the court system issued a memo severely limiting court appearances. Depositions will probably be left up to the discretion of the parties.
Does an Affidavit of service need to be notarized?
David's answer
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Answered on March 14, 2020
Affidavit of service needs to be notarized. A certificate of service does not.
Archived
1) Can city atty be subpoenaed to testify? 2) Can I request add'l damages for the city attorney's actions, & ask for sanctions?
David's answer
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Answered on March 14, 2020
Don’t see how his testimony would be relevant to your false arrest claim.
Archived
Can I stillfile lawsuit against NYPD for incident that happened on 2015?
David's answer
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Answered on March 12, 2020
If you didn’t file a notice of claim with the city your claim will most likely be barred. It doesn’t hurt to consult with an attorney but you’re...
Archived
30 days from entry of judgment of foreclosure and sale, or when it is served on us?
David's answer
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Answered on March 11, 2020
Clock starts running from when a copy of the judgment is served upon you with notice of entry. If you are participating in an efile case, service...
Will a case be dismissed for improper service?
David's answer
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Answered on March 11, 2020
While I agree with my colleague above that if you were successful at getting the case dismissed, it could be refiled and served again - I disagree...
If i lose a NY civil case or it's dismissed as frivolous, can i be sued for the other party's attorney fees?
David's answer
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Answered on March 11, 2020
If you’re that worried about it, discontinue the case. It’s unusual but it’s not zero. I read appellate decisions weekly and maybe about once or...
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