Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. To find a proper attorney, may I recommend the NYC Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
If you have been swindled, then you may have a cause of action for fraud
. The essential elements of a cause of action for fraud are "representation
of a material existing fact, falsity, scienter (knowledge by them that the facts stated were false), deception and injury." (Channel Master Corp. v Aluminium Ltd. Sales Corp., 4 NY2d, at 407, supra)
Fraud and evil motive are reasons for punitive damages
as well. Anderson v. Fortune Brands, Inc. , 723 N. Y. S. 2d 304 (2000); Pearlman v. Friedman, Alpern & Green, LLP, 750 N. Y. S. 2d 869 (2002)
. Attorney and legal fees may be given to the victor.
Of course, this is just a quick overview. If you need to know more, please reply and let me know what ELSE you seek to know and I would be glad to expand the answer to clarify.
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