Archived
Can an uncontested divorce judgement be successfully appealed in NYC if only signed when unstable & under duress?
Terry's answer
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Answered on December 04, 2017
No Criminal Charges involved here; reposting to Divorce & Separation.
Archived
If they defendant is demand a Trial De. Novo is it automatically granted?
Terry's answer
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Answered on December 04, 2017
If you sued out of state you should not be posting in N.Y., but in the state in question.
Archived
What is th probability I will my Trial De novo case?
Terry's answer
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Answered on December 04, 2017
Jumbled question. Why were you allowed to sue a local franchise for a wrong committed by a foreign franchisee?
Archived
How can I sue a out of state franchise in small claims?
Terry's answer
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Answered on December 04, 2017
If the franchise is in another state you need to sue there, unless that franchisee also owns establishments in NYS.
Archived
Do you need to order a certified record for the record on appeal for NYC 2nd circuit or are copies generally okay in an e-filed?
Terry's answer
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Answered on November 30, 2017
2d Circuit or 2d Department? Big difference. Clerks don't certify records, counsel do. The record must include all papers and proceedings that...
Archived
Can I file a cross motion after already filing an Affadavit of Opposition ? or a cross motion with Affadavit of Opposition?
Terry's answer
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Answered on November 30, 2017
I disagree with my Nassau County colleague. Assuming your opp was just timely, the time for a cross-motion has expired. If I were your adversary...
Archived
Can a signed, submitted stipulation be amended or replaced if both sides agree to it?
Terry's answer
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Answered on November 30, 2017
A stip is an agreement; an agreement can be amended if the same parties agree to do so. But if it was So-Ordered, you had better get court...
Archived
Can you add information to an Affadavit of Opposition already filed? And how?
Terry's answer
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Answered on November 30, 2017
No. With court permission, you might be able to serve/file a supplemental Aff in Opp. Otherwise, make your additional points at oral argument.
Archived
Roughly how many hours does a lawyer need to make a motion to leave for appeal?
Terry's answer
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Answered on November 29, 2017
It depends on the case and the quality of the prior work on the appeal. No sensible estimate is possible in the abstract.
Archived
Do I need to talk with multiple firms? Is 40% the going rate?
Terry's answer
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Answered on November 29, 2017
This is not an Appeals question. It is a Class Action question.
The bigger the class, the more leverage the plaintiffs have. Firms that do...
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