Legal Question in Civil Litigation in New York

My neighbor has mental issues and after an arguement regarding her dog pooping on our lawn she decided to call ACS (children services) and report child abuse against me and my wife.

After being investigated the case was determined "Unfounded".

Then the same neighbor placed another phone call and for a second time we had a investigation

which was "unfounded." I seek legal recourse and would like to sue her for deformation of character,

harrasment and also sue NYC Dept of Child Services as Co-defendant.

I feel this is the only was to cause these allegations to cease and desist.

Will an attorney represent my case. By the way this neighbor has now placed a third call and another investigation has begun.


Asked on 10/26/11, 10:52 am

2 Answers from Attorneys
Edward Birnbaum Herzfeld & Rubin, P.C.

yes against the neighbor . As to the City more information is necessary

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Answered on 10/26/11, 11:02 am
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Your best recourse is to seek an Order of Protection from your neighbor, you can do it by filing a complaint at your local police precinct or with the District Attorney's office. As far as Child Services are concerned, they are required to investigate, I do not suggest suing them.

Tanya Gendelman, Esq.

www.WeSettle.com

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Answered on 10/26/11, 11:02 am


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