Archived
What's the difference between restoring a case and reinstating a case (if any)
Terry's answer
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Answered on April 04, 2017
Restoring a case is putting it back on the calendar after it was removed--but not dismissed--for some failure of action. If a case has been...
Archived
Does a judge in a city civil court have the power to extend the statute or limitations if I can show cause?
Terry's answer
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Answered on April 03, 2017
This is much ado about nothing and, by the way, previously asked.
As the decision (which we will assume is also an order) was mailed to you, you...
Archived
How do I final a appeal to have a new company for supervised visits
Terry's answer
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Answered on April 03, 2017
File a petition in Family Court that particularizes your objections to the supervisor and the attorney for the child. I'd say your likelihood of...
Archived
How can I use federal court decisions in a state court (or city court) proceeding, if there is already state court precedent?
Terry's answer
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Answered on April 02, 2017
Forget it. Federal procedure is federal procedure, and state is state. Those federal cases are not binding on NYS courts, and would not be even...
Archived
For Madison cty NY: Notice of Discovery&Inspection. Is there a legally set time frame established for response request?
Terry's answer
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Answered on March 31, 2017
CPLR 3120(2) says not less than 20 days, but you don't have that, so put in whatever you want and you may or may not see the response at...
Archived
Just got a letter from SSA saying my hearing was moved from NYC to the National Hearing Center. Does this hurt my case?
Terry's answer
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Answered on March 30, 2017
Moving this to Social Security, so you will get more meaningful answers.
Archived
Pre Trial Conference in a lawsuit
Terry's answer
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Answered on March 30, 2017
Trial does not immediately follow, although it might be scheduled during the conference. Purpose is to see if both sides are ready for trial or,...
Archived
I filed a Motion To Terminate deportation proceeding on the grounds that my conviction(2nd deg. reckless endangerment, a misde..
Terry's answer
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Answered on March 30, 2017
What does "unprecedented" mean in this context? Do you mean not cited in any other case? Do you mean it was the first/only case to so hold? ...
Archived
Can the medical malpractice case be dismissed because of obtaining an expert during an open trial?
Terry's answer
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Answered on March 29, 2017
The judge was entitled to preclude your expert for untimely disclosure. It is the rare med mal case that can be proven without an expert. At this...
Archived
REQUEST FOR ADMISSIONS, who is allowed to answer, and what signatures are required?
Terry's answer
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Answered on March 29, 2017
CPLR 3123(a): "sworn statement." I agree with my colleagues. Do not ignore it at your peril.
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