what court do you sue a lawyer in in new york state

If you are suing the State of New York (or one of the state’s authorities), your case will be heard in the New York State Court of Claims. To start the case, a claim is filed with the Clerk of the Court, and a copy must be served on the Attorney General.

Full Answer

How do I sue the state of New York?

Jun 13, 2011 · If you want to sue the State of New York (as well as certain state-related entities) for damages, the lawsuit must be brought in the New York State Court of Claims, with certain exceptions noted below. The court does not have jurisdiction over individuals, even if they are employed by the State. If a state agency is at fault, the suit should not be against the particular …

Where can I file a civil lawsuit in New York City?

Aug 07, 2015 · The type of court you file your lawsuit in depends primarily on the value of your claim. If you are seeking $25,000 or less in damages, your case may be heard in a a County Court (or a Civil Court in New York City). In Nassau County and western Suffolk County, there is also a District Court, which can hear civil claims up to $15,000.

Where are civil litigation cases heard in New York?

Jul 15, 2021 · Only an individual can sue in Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. If you are the person starting the case, you are the claimant. The person you are suing is the defendant. In general, you can sue in the county that you or the defendant live in. If you or the defendant do not live in NYC, you can …

Who is the defendant in a civil lawsuit in NYC?

Phone: 877-371-2509. Fax: 212-608-4959. View Profile. 877-371-2509 Email. Answer. The concept of "sovereign immunity" prevents the city and state of New York from being sued UNLESS they consent. Consent is easily obtained. The city of New York requires that you file a Notice of Claim within 90 days of the accident.

How do I file a civil suit in NY?

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.Jan 5, 2022

How do you sue New York state?

State law imposes such an obligation upon people who wish to sue New York State, local government or a government agency for money damages. A lawsuit against the State of New York may only be filed in the Court of Claims. First, however, you must file a Notice of Claim with the State (see Court of Claims Act §10).

How do I file a civil lawsuit?

A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived.

What is the jurisdiction of Small Claims Court?

The Small Claims Court has jurisdiction in actions for ejectment against the occupier of land or premises which are unlawfully occupied and used for commercial - and not residential purposes, which are situated within the court's area of jurisdiction.

Can you sue the governor of New York?

In 2011, the New York Court of Appeals ruled that individuals may sue municipal governments in New York only if they can prove that the municipality had a "special duty" to the injured person.

Can you sue the City of New York in small claims court?

You can sue for up to $5,000 in City Courts or up to $3,000 in Town and Village Courts. This guide will tell you everything you need to know about small claims and commercial small claims in New York City, Nassau and Suffolk Counties. Learn how to start a case, collect a judgment, find resources and more.Jul 15, 2021

What are the 3 burdens of proof?

There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.

What are the three most common types of civil cases?

Types Of Cases In Civil CourtTort claims. ... Breach of contract claims. ... Equitable claims. ... Landlord/tenant issues.

What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).

What costs can I claim in small claims court?

You can only claim certain costs against your opponent if you win in the Small Claims Court. These are known as "Fixed Costs". They include any court fee you have paid, but not your solicitor's charges. You can claim your travel expenses and loss of earnings if these relate to your attendance at court.

Can a defendant claim costs?

As the defendant, loss of earnings cannot be recovered as they are not 'expenses properly incurred by him in the proceedings. ' Ordinary witness subsistence allowance and travelling expenses are the only recoverable expenses for a defendant. Other witnesses of fact can claim their expenses in the same way.

How do I defend myself in small claims court?

If you want to defend yourself against the claims made by the other side, file a “Notice of Your Intention to Defend” within 15 days of the date that you receive the Complaint. You have 60 days in certain circumstances (e.g., you are out of state or own a business with a resident agent).Jan 13, 2022

What is the name of the court that decides a case?

Once the Supreme Court decides a case, either party may seek review of that decision by the Appellate Division, which is a group of Supreme Court judges who serve as an intermediary between the trial level of the Supreme Court and the Court of Appeals. The Appellate Division is divided into four geographic departments.

What is civil litigation?

Civil litigation is often a daunting prospect for business owners and other litigants who may be confused by the complexity of the New York court system. There are many types of courts that hear civil claims, and many people may not even know where to begin when they need to file a lawsuit. Here is a brief overview of how civil litigation works in ...

How many counties are there in New York?

New York is divided into 62 counties, which include the five boroughs of New York City. Each county or borough has a number of civil courts. The type of court you file your lawsuit in depends primarily on the value of your claim. If you are seeking $25,000 or less in damages, your case may be heard in a a County Court ...

Is the Supreme Court a trial court?

Despite the name, the Supreme Court is a trial court, not the state's highest court, which is actually the Court of Appeals of New York. Each county or borough has one or more Supreme Court justices assigned to it. Once the Supreme Court decides a case, either party may seek review of that decision by the Appellate Division, ...

How long does it take to file a claim in New York?

Consent is easily obtained. The city of New York requires that you file a Notice of Claim within 90 days of the accident.

What is a civil rights lawsuit?

Civil rights violations: A common lawsuit against the government is a claim of civil rights violations. In some cases, these claims result from instances of discrimination in employment by the city.

What is a notice of claim in New York?

Every city, town, village and municipal agency in New York is entitled to a Notice of Claim. Municipalities include entities as large as the City of New York and Yonkers as well as the many small villages that dot Long Island.

How long does it take to file a personal injury claim?

Just like a claim against the state, the claim must be filed within 90 days. However, rather than filing it with the court, the notice is filed with the municipal corporation itself. In both instances, if you miss the 90-day ...

What happens if you get hit by a bus?

You are hit by a bus owned or operated by a municipal agency. You trip and fall in a City building. You are subject to a false arrest. You fall on a bus or a subway or at a bus, train or subway station. You suffer malpractice in a public hospital. You slip and fall on ice in a City parking lot.

Can you sue the state of New York?

Sometimes your personal injury may be caused by the negligence of the State of New York or a municipality. But suing the government is not is not the same as suing other defendants. Because there are strict notice requirements, time is of the essence. Here are some things you need to know about suing the government in New York.

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Who was the judge in Zappin v. Cooper?

The defendant in Zappin v. Cooper, New York State Supreme Court Justice Matthew F. Cooper, presided over much of plaintiff’s contentious divorce proceedings. Justice Cooper issued a decision in September 2015 which, among other things, imposed sanctions on the plaintiff at the request of the court appointed attorney for plaintiff’s child (the AFC). The trigger for the sanctions application was a complaint that plaintiff had filed with the Office of Professional Medical Conduct (OPMC) against the AFC’s retained medical expert, but the AFC also referenced plaintiff’s “overall misconduct” during the divorce proceedings. In granting sanctions, the court made a series of factual findings concerning plaintiff’s conduct toward Justice Cooper himself, the prior judge assigned to the case, opposing counsel, the AFC, and the AFC’s medical expert.

What is the phone number for ALM?

For questions call 1-877-256-2472 or contact us at customercare@alm.com.

What are the two types of jurisdiction?

To make a legally valid decision, a court must have two types of jurisdiction: personal jurisdiction and subject matter jurisdiction . Personal jurisdiction rules determine whether a court has power over a particular defendant, whereas subject matter jurisdiction establishes the court's power to hear the kind of case a lawsuit involves.

What is the rule of law in Illinois?

The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses that are citizens of or do business in that state. For example, you sue an Illinois citizen in an Illinois state court for breach of contract. It doesn't matter where you live or where the events leading up to the lawsuit took place, ...

Can you sue someone in your home state?

Personal jurisdiction rules can be a bit stickier when you file the suit in a state other than the one in which the defendant is a citizen or does business. You can't just sue someone in your home state if the defendant doesn't live in your state, has never been in your state, and doesn't do business in your state.

What is personal jurisdiction?

To protect a defendant from being sued in a "hostile," possibly far-off location, personal jurisdiction rules require that facts exist that make it fair for a court to exercise power over a non-citizen. Here are standard situations in which courts have personal jurisdiction over non-citizens:

Can a defendant have jurisdiction over a person who owns property in your state?

You may also be able to get jurisdiction over a defendant who owns property within your state. A state has limited jurisdiction (which lawyers call "in rem" jurisdiction) over a non-resident person or business that owns real property in the state. Jurisdiction in this situation is limited in two ways:

What is the minimum contact requirement?

The "minimum contacts" requirement generally means that a defendant must have enough connection to the state where a case has been filed for a judge to conclude that it's fair for the state to exercise power over the defendant. A judge would probably conclude that "minimum contacts" exist in the following situations: ...

Does a defendant have personal jurisdiction?

Defendant Reside s or Does Business in the State. Determining that a court has personal jurisdiction over a particular defendant is easy when you file the suit in the state in which the defendant resides or does business. The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses ...

What is the law in New York for defamation?

When bringing a defamation claim, New York law requires a plaintiff’s complaint to “set forth the particular words allegedly constituting defamation and it must also allege time when, place where, and the manner in which the false statement was made, and specific to whom it was made.”. Epifani v.

What is defamation in New York?

Defamation, commonly referred to as defamation of character, is an all-encompassing legal term defined as a false communication or statement to a third-party, resulting in harm to a person’s reputation.

Does Minc Law remove defamation?

If you’re a resident of New York, or anywhere in the United States, and have been a victim of libel or slander, the internet defamation removal lawyers of Minc Law want to work with you in order to swiftly and permanently remove any defamatory publications or statements.

What is the fourth element in a defamation claim?

The fourth and final element in a claim for defamation in New York is damages, which requires a plaintiff to prove they suffered harm or damage. Damage is typically quantifiable (in a monetary manner), and is meant to act as compensation for a plaintiff’s loss or injury.

What is special damages in New York?

Special damages are damages particular and special to the situation at hand. In New York, special damages are typically associated with defamation per quod, and must be plead and proven when the language complained of is not defamation per se, involving the “single instance rule,” or involving public disparagement.

Why is public defamation important?

Just as public persons are held to a higher standard when proving defamation, statements and publications of public concern enjoy greater protection in furtherance of a well-informed society. Imagine a society where public debate and discussion of political, social, and economic issues were censored. Ultimately, this would lead to a degradation of society and an overall less-informed individuals.

What are the two types of defamation?

More specifically, defamation can be broken down into two types: Libel: the written or published communication of a false statement to a third-party causing harm or damage to a person’s reputation. Slander: the spoken communication of a false statement to a third-party causing harm or damages to a person’s reputation.

Eliot M. Wolf

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Jeffrey B. Lampert

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

Michael Slick

You need an attorney who has experience with sovereign immunity and the requirements/limitations of this area of law. As previously stated, there are very strict rules governing how to place the State on notice and when such a notice must be filed. If you miss the deadline for doing so your claim will be barred.