New York

PER DIEM SERVICES SINCE 1997

Are you looking for an attorney to cover your Supreme or Civil Court Appearances in New York, Brooklyn (Kings), Queens, Nassau and the Bronx?  We exist to serve you. Our core purpose is to provide consistent and reliable per diem court services to law firms. We are here to reduce your stress and bring you peace of mind that your case will be handled expertly.

Ever since I passed in the bar I have been providing per diem services to other attorneys. Its my pastime, my passion, my life. 20 years later I am just as dedicated.

The Law Office of Frederic R. Abramson has provided Supreme and Civil court appearances and deposition services for law firms such as yours since 1997.  We cover court appearances, depositions, arbitration’s and trials in the following counties:

  • New York
  • Kings
  • Queens
  • Bronx
  • Nassau

Rates:

  • Pre­lim­i­nary Con­fer­ences:  $125
  • Com­pli­ance Con­fer­ences:  $125
  • Motions: $125
  • Exam­i­na­tions Before Trial: $250
  • each addi­tional party — add $150
  • 50H Hear­ings: $250
  • each addi­tional party — add $150
  • add $25 if a wit­ness requires an interpreter
  • Call for Trials and Arbitrations

HUNDREDS OF LAW FIRMS RELY ON THE LAW OFFICE OF FREDERIC R. ABRAMSON FOR:

  • Emergency Court Appearances
  • Referrals for civil litigation and personal injury matters
  • Accurate and prompt reporting of all results within 2 hours.
  • Free immediate email report
  • 20 years per diem experience
  • Accessibility
  • Dependability
  • Per Diem Experience

Setting up an appointment is super simple.  We are available for same day appearances and work to get back to you within 15 minutes. Most of our clients book appearances the day prior to the court date.

To book an appearance, email me at fabramson@abramsonlegal.com, call at 212-233-0666 or fill out the form below. I promise that everyone you come in contact with will be friendly. All assignments require confirmation.

You are sitting in your office on the busiest day of the year, and just when you think nothing else could go wrong, a person walks in and utters the fateful words “You’ve been served”, while handing you a stack of papers.   Your business is a party to a New York civil litigation lawsuit. Your business has  just been sued.  What is the best course of action you can take, and how can you protect yourself as well as your business?

Who?

Read the papers that are given to you to find out the party that is suing you and the type of civil litigation you are involved in.  Is it a corporation, a partnership, or an individual?  Are they a customer or a supplier of your business? Who is the lawyer representing the party that is suing you?  This information will help your attorney obtain a more favorable result for you by researching the other party and its counsel. (Do they settle often?  Are they a big company?  What are their financial resources?  Do they have a reputation to maintain and therefore may want to settle quickly?).

What?

What exactly are you being sued about?  Is it a breach of contract claim? Is it a non-payment claim, or a non-performance claim?  Those are many reasons why a business may be sued.

When?

In Civil Litigation, timing is critical in a lawsuit.  Responses must be filed within a set period, which in New York is  usually within 30 days.  While an extension can be granted, don’t wait until the last minute to contact your attorney.  It takes time to prepare an appropriate answer to the papers.  If you do not respond in a timely fashion, you will be considered in default, and a judgment may be taken against you.  This means you may lose the case without the opportunity to provide a defense.

Also, don’t assume you are judgment proof, because judgments can be collected from future earnings as well as assets.  In addition, do not assume that your insurance covers everything, although it may be wise to notify your insurance carrier as well as your attorney.

Where?

What court are you being sued in?   What county?  State or Federal Court? You may be sued in a state far away if, for instance, you have done business in that state.  In that case, your New York attorney will have to obtain local counsel for your small business in the other state, and this takes time.

Why?

Why did the party resort to a lawsuit?  Is it something you can fix by having your attorney talk to the other side and negotiate a settlement?  Is there a running animosity between your company and the other party, in which case settlement will be difficult?  Do you need to file a counterclaim against the other party?

How?

Immediately notify and supply the civil litigation  lawsuit papers to your attorney.  Make sure you retain a photocopy for yourself.  Inform your attorney of all the facts relevant to the case.  Your attorney will decide what is important and what is not.
Organize your documents pertaining to the case so that you can minimize the time the attorney must spend going through them.  This will save your attorney ’s time, and therefore save you legal fees.  Do not talk to the other party’s attorney.  He works for the other party, just as your attorney works for you.  Let your attorney do this for you.  In addition, remember that in law, just as in any profession or business, there are rules and procedures  your attorney knows and you may not.  To stay out of trouble, leave the legal work to your attorney.

A trial can take several weeks in New York, including preparation time.  Therefore, it may be in your best interest in certain cases to settle.  However, be realistic in your settlement expectations.

Conclusion

Having an ongoing attorney-client relationship will help protect you in the event of a civil litigation lawsuit.  The more your attorney knows about your business, the better the attorney will be able to help you.  In addition, discussing business options and problems with your attorney ahead of time could help prevent a lawsuit from ever starting.  Either way, it will save you money in the long run.

CALL TODAY FOR A CONSULTATION AT 212-233-0666

 

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The attachment of property is a strong weapon when used properly in New York. A businessman who is having financial problems decides not to pay for goods that he purchased.  If your company is the creditor, it could take years before he will have to pay. At that time, the funds could be depleted.  One key provisional remedy that a creditor can seek is to obtain an attachment.  Here, the creditor can obtain an attachment on the bank account and the businessman would not be able to use the money. Even though the plaintiff is not able to use or obtain the funds, the businessman will not have the luxury of time and would be more motivated to settle.

Attachment of property can have devastating effects on the businessman.  Attachments can be ordered by the court ex parte, meaning that the businessman will have no notice.  This could cause checks to bounce and drastically alter the ability for a small company to conduct business.

In order to obtain an order of attachment, the creditor would have to show, as per CPLR 6201(a): 1. that \”there is a cause of action\” and that the plaintiff will probably succeed on the merits; 2. that at least one of the grounds of attachment found in the law exists;  and 3. that the amont asked for in the lawsuit exceeds any counterclaims that the creditor has knowledge of.

If an order is granted, it is directed to the sherriff, not the defendant. Some orders are granted without notice to the businessman.

If you have a question about provisional remedies such as attachment of property in New York, act now and contact the Law Office of Frederic R. Abramson at 212-233-0666. Feel free to keep up to date on all New York Business Law issues by visiting my blog.

\"Reblog

\"\"New Yorker\’s are a mobile bunch. Especially New York business owners. Business open and close every day.  It is risky to believe that your co-owners will still be with you five years down the line. It is likely that there will come a time when of your co-owners will want to sell his shares or interests in the company to someone else.  One of the most common ways that a small business can get disrupted is when an owner desires to sell or transfer his interests in a company. So, what should you do?  You should create in advance a method for the owners to review and block any that is not in the best interests of the company.  Here are some things you should think about:

  1. Right of First Refusal. This is the most common provision in a buy-sell agreement. The owner who wishes to sell his interests first offers it to his co-owners before anyone else.
  2. Decide the Price of the Ownership Interests in Advance. Often the price will be set at the price a proposed outside buyer has bid.  I do not recommend this option because a fraudulent offer is possible. Another method is to set a pre-determined price at the time a buy-sell agreement is drafted.  Another option is to set a high down payment price which would show good faith.
  3. Make clear the effect of any sale on Minority Owners. Often a right of first refusal provision may freeze out a minority owner from selling his interests.  As a result, it may be important to include a \”Right to a Forced Sale\” clause.
  4. Decide who can buy the interest. Should the company have the right to purchase shares or the individual owners?
  5. Should an owner be able to give away his interest? Often owners wish to grant their interests in a company to a trust for estate planning reasons. This could be problematic because technically the trust would own the shares of the business. Often these issues are addressed when drafting a buy sell agreement.
  6. No Transfer Restrictions. Refusing to transfer any ownership interest is another possibility. This can limited in a few different ways, such a no transfers to certain persons and no transfers without written consent of the other owners.

You should decide in advance what to do if an owner of a business wants to transfer its interests through a buy sell agreement to avoid unnecessary problems and potential litigation.

\"Reblog

Q:   What happens if you enter into an Agreement and there is ambiguous language?\"\"

A:   If the person making the offer means one thing and the person accepting the offer reasonably means another, then there is no contract.  Be aware that just because you failed to put something into a contract or there was a mistake, does not mean it the contract is ambiguous.

The court looks at the contract as a whole to determine whether a contract is ambiguous.

Remember, courts only enforce contracts, they will not re-write them.

Wondering if you have ever been sued?  In the alternative, if you have a case in suit, would you like to know its status? Amazing enough, this information can be found for free at the New York Uniform System website.

Through eCourts you can find free case information, which includes future and past court appearances.   If you sign up for its email notification service (also gratis), the court will even send you an email anytime there is a change of status to your case.

The search feature of the site is also powerful.  You can search by the name of a plaintiff, defendant, attorney, or judge. You can also search by index number.

This site is also a great tool for performing competitive intelligence about companies.  In addition, if you are considering doing business with a company or individual, why not check to see if they have ever been involved in any litigation. By going to eCourts, you have nothing to lose.

The New York Attorney General announced today that they are suing 35 law firms for improper service of default judgments. A party obtains a default judgment when the defendant does not appear in a lawsuit. American Legal Service, a process server located in Long Island has been named by the Attorney General as providing improper \”sewer\”  service.  The 35 law firms have not been accused of any wrongdoing.

If you wish to re-open a default judgment against you due to improper service based on the Attorney General\’s action today you should:

1.  Go to the county clerk in the county where the default was filed and obtain the court file.  Check the affidavit of service to see if American Legal Service was the process server.

2.  If you are unable to ascertain the name of the process server, check the law firm who started the lawsuit.  If it is one of the 35 law firms listed in the Attorney General\’s complaint then:

3.  File a motion to vacate the default for improper service of process.

At this point, it is unclear what the remedies would be for instituting an action, especially in cases where the statute of limitations has run for vacating a default.  In New York, the statute of limitations is one year.  However, the court or some other governmental body may fashion new law based on this mass fraud.

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