Archived
If anyone has any DBA (Doing Business AS) in the county record; then the owner of the business can file any lawsuit at his own?
Terry's answer
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Answered on January 24, 2015
Mr. Rothstein is correct. A DBA is not an entity, it is a description. The individual must sue and be sued in his/her own name.
Archived
How long does a decison take after a civil oral argument in NYC
Terry's answer
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Answered on January 22, 2015
Four is about the minimum you will see; six to eight is typical. At this point, I have to assume someone is writing an extensive decision, or one...
Need to appeal a Magistrate's decision. Looking for step by step guide, who I need to serve notice to, etc.
Terry's answer
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Answered on January 21, 2015
YOu can't appeal directly. First you have to file objections to the order, which will be heard by a Family Court judge--kind of a mini-appeal. If...
Archived
Can I appeal a decision made by a judge a couple yrs later
Terry's answer
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Answered on January 20, 2015
This sounds like an unemployment issue, so I have moved it there. Either way, the time to appeal has likely long since run. Why did you wait so...
Archived
What type of motion could I filed, in a 2012 guardianship article 81 A case?
Terry's answer
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Answered on January 19, 2015
Why was the evidence not submitted in 2012? Orders and judgments may generally be vacated for good cause, one of which is newly discovered...
Archived
How can an appellate court know that an argument was raised below if it's only in a memorandum of law, not part of the record?
Terry's answer
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Answered on January 13, 2015
Sometimes the trial court's decision will address each argument in turn. Sometimes an adversary will object on appeal to a ground not raised...
Archived
NY Surrogate- when must I reply to a supplement affirmation in support of a motion, served only within 9 days of the return date
Terry's answer
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Answered on January 13, 2015
Here are a couple of cases on the supplemental affirmation issue: Matter of Kushaqua Estates v. Bonded Concrete, 215 AD2d 993; Rosenman Colin...
Archived
I did a motion to recuse my attorney and restore case to calendar as it was dismissed because attorney didn't answer the motion
Terry's answer
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Answered on January 10, 2015
Why not just hire a new attorney and let him/her substitute for the former by a Consent to Change Attorney? The motion to disqualify (judges...
Archived
At a non-trial hearing on a motion for summary judgment, does the plaintiff 's attorney have to be the attorney of record?
Terry's answer
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Answered on January 08, 2015
Frequently solo practitioners, in particular, find they have to be in two places at once, and will either hire a per diem or ask a colleague to...
Archived
Sufficiency of Defendant's answer
Terry's answer
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Answered on January 03, 2015
How much $ is at stake, and why did it take 16 C/A's and 160 paragraphs? I agree with my colleagues' answers, but have to wonder if you have lost...
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