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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I recover money from a swindler, in NYC. How/Where do I find the right lawyer for

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How do I recover money from a swindler, in NYC. How/Where do I find the right lawyer for this job?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


Ely, how do I find out what is the statue of limitation for my case.


- in 2009 I funded 40k for the development of a technology based on an invention by this person.


- in 2010 he backed away from the deal.


- with my money he paid for the patent protection on his invention.


- now, I hear that he is will collect more than $20mil after litigations with a major communication company for using his patented invention. Patent which he would not have if it was not for the funds he got from me, to develop the technology, but instead he used it to protect his invention from going into public domain.


Thank your for your patience.

Expert:  Ely replied 1 year ago.
My apologies for the wait, Paul.

The statute of limitations for fraud in New York is SIX YEARS per Civ. Prac. L. & R. §213. So you are still within the statute of limitations.

From what you have described to me, this sounds like a scam, or perhaps a breach of contract. Either way, you may have a suit. But, do contact an attorney to discuss one's options. Going at this alone may not be a good idea.

Thank your for your patience.

You are most welcome!

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
Customer: replied 1 year ago.


Thank you for that, Ely. Would you know someone to recommend for such a case? And, if I look for a lawyer to represent me, I look for someone specialized in what area of the law?


Thanks for feedback.


 

Expert:  Ely replied 1 year ago.
Thank you for that, Ely.

You are most welcome.

Would you know someone to recommend for such a case? And, if I look for a lawyer to represent me, I look for someone specialized in what area of the law?

JustAnswer experts are not allowed to recommend specific attorneys out of ethical considerations. Ergo, the referral service is as specific as I can get, I am sorry to say.

And, if I look for a lawyer to represent me, I look for someone specialized in what area of the law?

"General practice" or "litigation" areas.

Thanks for feedback.

Again, my pleasure.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87142
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.

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