While there is no set timeline for a civil litigation case, the process can take several months to several years. Each stage of litigation, from filing to trial and potentially appeal, adds time to the process. Here’s a summary from a civil defense attorney in Glen Cove, NY, of the general timeline to expect if you’re involved in a civil lawsuit.

Initial Filing and Response

The first step in any civil litigation case is filing the complaint, which outlines the plaintiff’s legal claims and starts the formal process. After the complaint is filed, the defendant has a set period (usually 20 to 30 days) to respond. The timeline can be delayed if the defendant requests an extension or files a motion to dismiss.

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A breach of contract occurs when a valid contract exists, one party fails to meet the contract terms, and another party suffers damages because of that lapse. In this situation, you need the guidance of a knowledgeable breach of contract attorney in Glen Cove, NY.

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From Your Trusted Long Island Real Estate Attorneys at Chiariello & Chiariello

When investing in real estate, purchasing a multi-family property can be a significant yet complex endeavor. These properties, ranging from duplexes to larger apartment complexes, offer potential for considerable financial returns but come with their own set of legal intricacies. At Chiariello & Chiariello, we understand the challenges and opportunities of multi-family property investment. This blog provides essential legal advice to guide you through the process of purchasing a multi-family property in New York, ensuring that your investment is protected and compliant with all relevant laws.

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Buying a property with an easement can present several potential challenges and risks that buyers should be aware of. Here are some of the dangers associated with buying property with an easement in the Long Island – Nassau County, NY area:

Restrictions on Use

Easements grant someone else the right to use part of your property for a specific purpose, such as access or utilities. This can restrict how you can use or develop that portion of your land. For example, if there’s an easement for utilities, you may not be able to build structures or plant trees over those utility lines.

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Sometimes a property deal is straightforward and goes off without a hitch. Other times, something goes wrong, and that’s when you need an experienced real estate litigation attorney. At Chiariello & Chiariello in Glen Cove, NY, we have been dedicated to the legal profession for over 50 years, and are ready to answer your questions.

What Are My Options?

Continue reading to learn more.

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Choosing a Small Personal Injury Firm over a Megafirm in Long Island, NY

When you’re seeking legal representation for a personal injury claim in Long Island, NY, it’s important to consider your options. Whether you’re needing an attorney for a car accident, premises liability claim, or construction accident, the firm you choose can significantly impact your experience and your outcome. We want to give you an honest look at small firms vs. megafirms to help you make an informed and confident decision when choosing the personal injury attorney to represent you in Nassau County.

While large law firms often boast extensive resources and a high-profile presence, smaller law firms offer distinct advantages that can be crucial in personal injury cases. Here, we explore the downsides of large law firms and the benefits of choosing a smaller law firm that has deep roots and expertise in the local community like Chiariello & Chiariello.

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Buying a home in New York is thrilling, but the closing process can take some of the thrill out of it for anyone. That closing contract is a huge stack of legalese, so your Long Island, NY closing attorney will break down the key things to understand before you sign on the dotted line.

Even After the Contract, Things Can Change

When you make an offer on a property, it leads to a purchase contract. It’s important to realize that even after this step, though, things can and do change. Inspections might throw up issues, title searches can reveal problems, and financing matters can arise. Make sure to work with an experienced closing attorney in Glen Cove, NY throughout these negotiations, as they’ll ensure your interests are protected.

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An experienced real estate lawyer can help you navigate a property purchase in the Long Island, NY area. As you shop for the perfect piece of land or single-family home, prepare for a smooth transaction with strategies to avoid common legal issues during this type of transaction.

Invest in Title Insurance

Title insurance protects the money that you put into your home in case someone else has a claim to the property. Additionally, the mortgage company financing your purchase will arrange for a title search, which you pay for as part of your closing costs.

This search looks for any possible liens or claims on the property, including but not limited to neighbor access rights, utility easements, and remodeling restrictions (if you buy a historic building, for example).

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Partition actions in New York refer to legal proceedings undertaken to divide jointly owned real property among its co-owners. When multiple individuals share ownership of a property and cannot agree on its use, management, or sale, a partition action can be initiated to resolve the issue. The purpose of a partition action is to divide the property in a fair and equitable manner, allowing each owner to have their share separately.

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A lot of people are likely unaware that in order to bring a lawsuit for injuries, pain and suffering arising out of an automobile accident, New York law requires you to prove that you sustained a “serious injury”. A “serious injury” is defined as:

1. Death;
2. Dismemberment;
3. Significant disfigurement;
4. Fracture;
5. Loss of a fetus;
6. Permanent loss of use of a body organ, member, function or system;
7. Permanent consequential limitation of use of a body organ or member;
8. Significant limitation of use of a body function or system;
9. Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
   

Based upon these categories, minor injuries such as bruises, strains and sprains generally do not qualify as serious injuries under the law but you should always speak with an attorney to ensure you get appropriate information and guidance. Often what appears to be a simple strain turns into something more serious with further testing so you should call Chiariello & Chiariello promptly to discuss your situation. Drive carefully!

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