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I was petition into court (housing) for forgery, and in

i was petition into court...
i was petition into court (housing) for forgery , and in court a long period of time , now the plantiff is singing a different tuneand saying im not the one , and the plantiff brought in a handwriting expert , and never request samples of my signature , or initials signedthis is about a lease that the plantiff signed initials , and wants to break the lease , because the value of the property went form $20,000.00 to &20,000,000.00 (million) , amazing but truelandlord faulsley claimed he never received a copy of the lease after a year went by , after he discovered the millions he can make on the propertylandlord had the lease for over a yearwould you called this deformation of character , and would i be considered accessory to a crime , because the landlord is saying i had the lease in my hands when the initials (signature) were added and changedhow can i be accused and petition into court , and landlord never persued my handwriting samplesthe truth of the matter , landlord signed those initials (signatures) while i was there (present)landord trying to break the lease in a fraudulent fashiondo i have a law suit (deformation of character)
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Answered in 25 minutes by:
10/20/2017
Bill Attorney
Category: Legal
Satisfied Customers: 1,617
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Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill assisting you with your criminal and civil question today.

It is a criminal offense to forge a document under the laws of forgery in NY.

170.05 Forgery in the third degree. A person is guilty of forgery in the third degree when, with intent todefraud, deceive or injure another, he falsely makes, completes oralters a written instrument. Forgery in the third degree is a class A misdemeanor.S 170.10 Forgery in the second degree. A person is guilty of forgery in the second degree when, with intentto defraud, deceive or injure another, he falsely makes, completes oralters a written instrument which is or purports to be, or which iscalculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument,credit card, as that term is defined in subdivision seven of section155.0, or other instrument which does or may evidence, create,transfer, terminate or otherwise affect a legal right, interest,obligation or status; or 2. A public record, or an instrument filed or required or authorizedby law to be filed in or with a public office or public servant; or 3. A written instrument officially issued or created by a publicoffice, public servant or governmental instrumentality; or 4. Part of an issue of tokens, public transportation transfers,certificates or other articles manufactured and designed for use assymbols of value usable in place of money for the purchase of propertyor services; or 5. A prescription of a duly licensed physician or other personauthorized to issue the same for any drug or any instrument or deviceused in the taking or administering of drugs for which a prescription isrequired by law. Forgery in the second degree is a class D felony.S 170.15 Forgery in the first degree. A person is guilty of forgery in the first degree when, with intent todefraud, deceive or injure another, he falsely makes, completes oralters a written instrument which is or purports to be, or which iscalculated to become or to represent if completed: 1. Part of an issue of money, stamps, securities or other valuableinstruments issued by a government or governmental instrumentality; or 2. Part of an issue of stock, bonds or other instruments representinginterests in or claims against a corporate or other organization or itsproperty. Forgery in the first degree is a class C felony.S 170.20 Criminal possession of a forged instrument in the third degree. A person is guilty of criminal possession of a forged instrument inthe third degree when, with knowledge that it is forged and with intentto defraud, deceive or injure another, he utters or possesses a forgedinstrument. Criminal possession of a forged instrument in the third degree is aclass A misdemeanor."

The DA will prosecute the above offense.

In relation to defamation laws and civil liability, there is a general privilege from defamation during litigation so you would need to show some damage to your character outside the court itself.

In that case you could sue in civil court for identity theft, libel, and fraudulent interference with contract.

Depending on the extent of damages it could be a Supreme Ct case.

Please consult a local attorney for a full review of the facts.

Please follow up with me if you require any further information or clarification.

In return remember to rate positively today.

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Attorney Bill

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Customer reply replied 3 months ago
do i have a law suithe petition me into court

You can counterclaim for malicious prosecution / bringing a frivolous suit and seek damages n the civil court for the same. If there was communication of the alleged falsity you have an action for libel or slander also.

If any elements of the lease were changed by the landlord, as I indicated, you can sue for libel and identity theft in addition.

I'm an indpendent legal expert and rely on your positive feedback to get a credit.

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Customer reply replied 3 months ago
i will give you a bonus if you can tell me if i start a law suit , can i get a stay re the frivolous suit that is against me (presently active) and put a hold on itbecause i made a motion to the judge for the court to hire its own forensic at my expense, i was denied

The court has the entitlement to impose sanctions on a plaintiff bringing a suit without cause :

"

c) For the purposes of this Part, conduct is frivolous if:

(2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; In determining whether the conduct undertaken was frivolous, the court shall consider, among other issues, (1) the circumstances under which the conduct took place, including the time available for investigating the legal or factual basis of the conduct; and (2) whether or not the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party.

As expressed in Park Health Center v Country Wide Ins. Co., (N.Y.City Civ.Ct.,2003):

“In determining whether the conduct undertaken was frivolous, the court shall consider, among other issues, the circumstances under which the conduct took place, including the time available for investigating the legal and factual basis for the conduct, and whether or not the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party.” ( Id.) [22 NYCRR 130-1.1(c)]."

Requesting a stay based upon frivolous conduct is not the correct motion, you can file a motion to dismiss based upon frivolous conduct and no showing of a fact basis to bring the suit against you.

A malicious prosecution civil suit is brought after the present case terminates in your favor, so you will need to see it out or present a motion to dismiss.

I'm an indpendent legal expert and rely on your positive feedback to get a credit.

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Attorney Bill

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Customer reply replied 3 months ago
file a motion in a different court re frvolous conductwhat court would that belast of question

You can only file a motion in the present court.

Because you never counterclaimed for malicious prosecution/ frivolous litigation you need to bring a new civil action if you prevail in the present, and only after the present action.

I'm an indpendent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

Bill Attorney
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