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Questions Answered by Michael David Siegel
2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

Michael David Siegel
Michael David Siegel answered on Jan 24, 2022

If the service was improper, there is no jurisdiction, so there is no time limit. This is why it is helpful to have a lawyer.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I inherited a corporation that has invested large amounts of money in a property which is now for sale by the estate.

as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 18, 2022

You could bring a claim. The issue is how the "investments" were documented, and how you would prove they are a loan instead of something else.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Real Estate Law for New York on
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had

been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

If she is not living there, she really has no rights.

3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

Typically it would be the way you say. Depends on what the dismissal would say.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Contracts and Business Law for New York on
Q: Is a bill of sale that is not notarized valid?

I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?

Michael David Siegel
Michael David Siegel answered on Jan 8, 2022

The notarization is not required, but usually done to prevent allegations of fraud.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

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2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Real Estate Law for New York on
Q: a neighbor asked to help and now he is trying to hurt me I don't know what to do

Hi we needed some construction work in our property and our neighbor saw us and he volunteered to help us at no cost as a friendly neighbor gesture. I accepted and thought that he was really going to help. So i told him what i wanted done and left the property and then kept on asking for progress... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 29, 2021

If you never signed anything, you are likely OK. Anyone can sue anyone if they pay the fee. The question is can they win. Here, it seems not likely. Take photos of the alleged work or lack of work so you have evidence to show the court if you need to. If he puts a mechanic's lien on the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I lived in an apartment for 7 years, starting in 2012. Landlord is suing me for arrears accrued in 2018,

Under the document dated in 2012. There here several lease renewals after that date and the obligations of the 2012 lease were met. Should he have sued me under the lease that covers the montages in question ?

Michael David Siegel
Michael David Siegel answered on Dec 16, 2021

Yes. If you are month to month, the most recently expired lease governs, except as to term and rent.

1 Answer | Asked in Civil Litigation and Domestic Violence for New York on
Q: I am not certain what type of lawyer I need. I am trying to attain a limited order of protection and theft

I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 14, 2021

Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... Read more »

1 Answer | Asked in Identity Theft for New York on
Q: Why do i see my name and others people name on the creddit score ?
Michael David Siegel
Michael David Siegel answered on Dec 13, 2021

You posted this under identity theft. That is a big possibility. Without seeing the full report I cannot tell. Look and see if you recognize all of the debts. If not, put a fraud alert on the report, and contact the erroneous entries.

2 Answers | Asked in Consumer Law, Contracts and Business Law for New York on
Q: I received a civil court summons from company's lawyer, can I offer to pay full amount w/o filing an answer in court?

The amount that is owed originated from a service that the company performed at my home.

Can I call the law firm directly and offer to pay the full amount without filing an answer to the summons at the court?

Location: Nassau County, NY

Thanks

Michael David Siegel
Michael David Siegel answered on Dec 10, 2021

Sure. But make sure you have a written agreement that after payment the case will be dismissed with prejudice.

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2 Answers | Asked in Collections for New York on
Q: Im permanently disabled and on SSI. A law firm contacted me about a debt from 2002 and claims i owe $2952.

Should i send the law firm an award letter from SSI? Maybe they will stop? My girlfriend financing a car for me but its registered in my name. Is there anyway to protect the vehicle from being taken away by debt collector? My girlfriend still has 1year and a 1/2 left of payments left.

Michael David Siegel
Michael David Siegel answered on Dec 9, 2021

If this is just a claim, it may be a scam and if not, the statute of limitations is a defense to any claim. More likely it is a judgment, which expires next year (after 20 years) if entered in 2002. While technically a car could be repoed, the likelihood is next to zero. I would ignore it.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for New York on
Q: Can a summons be dismissed if a claim was submitted to a civil court,instead of small claims(as directed in contract?)

The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.

The service... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 9, 2021

A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.

3 Answers | Asked in Business Law for New York on
Q: How do i sign over the other 50% percent of my business to the other owner
Michael David Siegel
Michael David Siegel answered on Dec 7, 2021

Depends on how it is organized now, and what the shareholders agreement, bylaws and other documents say. But, it is generally simple in terms of paperwork.

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3 Answers | Asked in Probate and Tax Law for New York on
Q: Are assets sold during probate to settle estate debts subject to capital gains tax?

If an estate entering probate has substantially appreciated assets and also has debts, such that some assets must be sold to settle the debts, are the proceeds from the sale subject to capital gains against their original basis or their stepped-up basis from the date of death?

Michael David Siegel
Michael David Siegel answered on Dec 3, 2021

There is estate tax (above a certain value) on the value of the estate. There is income tax to the fiduciary for income realized during the administration of the estate. If assets are sold at a profit, the gain is on the difference between the date of death value and the sale price, which is... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Michael David Siegel
Michael David Siegel answered on Nov 23, 2021

It is supposed to be the place where you spent the most of the last 180 days. If it is all in one district, it really does not matter. If it was in multiple states, then it is an issue.

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