Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Toshinori Isoai
2 Answers | Asked in Elder Law for New York on
Q: In ny we would like to pay the penalty for Medicaid cured ?
Toshinori Isoai
Toshinori Isoai answered on Jan 13, 2022

It's not quite clear what is being asked here, but if a penalty period is concerned, in NY, you do not "pay" penalties to Medicaid to cure or get rid of the penalty period. If your penalty period was conclusively determined to be 6 months due to transactions such as certain transfers... Read more »

View More Answers

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a speeding ticket for $55 in New Jersey. The cop told me I don’t need to go to court I should just pay online

Does this mean I also got points on my lisence ?

Toshinori Isoai
Toshinori Isoai answered on Jan 8, 2022

It depends. If you have a NJ license, then it's likely that you will be assessed points but if you have a license from other states, it may not be the case.

View More Answers

2 Answers | Asked in Traffic Tickets for New York on
Q: Can I get a plea deal if I was speeding 91 in a 50. 11 points pending, but a clean record the last 2 years in NYC.

I have a court case where I was "speeding 41 over" which is the exact amount for automatic suspension. Officer pulled me over and was immediately annoyed about a sticker on my windshield. He told me to take it off my windshield and to never put it on even though it was from a PBA... Read more »

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2022

Sorry for the situation. If you received the speeding ticket in NYC and that's the only ticket you got, then your case will be heard in the place called "Traffic Violations Bureau (TVB)" which looks like another court but it's actually an administrative "agency" run by... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: NYS -speeding ticket was brought down to lower issue. Due to COVID, I can mail in my plea, should I guilty or go trial

I got ticket speeding in work zone with 6 points. Now I have received info back and they are offering to lower it to parking in front of fire hydrant and 0 points. Do I say guilty and accept or say innocent and wait for court date? They sent plea via mail due to COVID pandemic.

Toshinori Isoai
Toshinori Isoai answered on Jan 1, 2022

It depends on your situation. Do you have a valid defense such as you were not the operator? Assuming that the speeding charge (6 points) is valid (meaning that the officer has proper training to assess your speed visually, etc) and you are likely to lose the case, then taking the plea offer may... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

View More Answers

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

This is a new landlord. My apartment building was recently bought with about one month from the previous owners. Must I vacate the premise?

Is there any legal recourse? Must the landlord give a reason for the notice to vacate?

Thanks.

Toshinori Isoai
Toshinori Isoai answered on Dec 16, 2021

The change of ownership won't affect the lease in effect. The new owner must respect and entertain the lease terms unless the lease says otherwise. S/he cannot kick you out. However, RPL §226-c concerns renewal (or no-renewal) of a residential lease. So if your lease is to expire soon and the... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: Pulled a NYS DL Abstract and found a FTA Summons on the file from 2003. And My Driving Privileges are suspended.

I was on active duty in a different state (VA) and do not recall the summons or have any pertinent info on it. How do I handle this in 2021 to reinstate my license, Now that I am residing in NY?

Toshinori Isoai
Toshinori Isoai answered on Dec 15, 2021

The first thing you may want to do is contact the DMV and get the details surrounding the FTA or contact a traffic attorney in NY. Many traffic attorney in NY often have access to DMV system so s/he should be able to give you some additional information.

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Grandmother was coerced into signing a deed transfer and wants to correct it. What should she do?
Toshinori Isoai
Toshinori Isoai answered on Dec 12, 2021

More facts need to be presented surrounding the "deed transfer."

View More Answers

2 Answers | Asked in Traffic Tickets for New York on
Q: Is pleading to 1101 (0 pts) advisable to a court appearance for 1111D1 ?

I was given a ticket for VTL-1111D1 by an officer claiming I passed a red light. he was sitting at the corner of the intersection which already has a traffic camera. I entered the intersection when it was still yellow light but the intersection was wide (4 lines) so by the time I passes it... Read more »

Toshinori Isoai
Toshinori Isoai answered on Dec 10, 2021

It depends. If you received the ticket (3points) for 1111D1 in NYC and that's the only ticket you got, then your case will be heard in the place called "Traffic Violations Bureau (TVB)" which looks like another court but it's actually an administrative "agency" run by... Read more »

View More Answers

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

Toshinori Isoai
Toshinori Isoai answered on Dec 10, 2021

Yes, you can, but the plaintiff's attorney may try to throw in some legal fees that may not be deemed reasonable in court. Be careful and make sure that both sign a Release that also obligates the plaintiff to dismiss the case with prejudice prior to or on the due date for (your) answer.

View More Answers

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.

Toshinori Isoai
Toshinori Isoai answered on Dec 9, 2021

That will probably be from a law firm that does dozens of collection work for creditors. Just because the letter is from from a law office does not make the letter special or legally binding, etc. Treat the letter as a letter from a third party creditor/company. As a consumer, you have the right to... Read more »

View More Answers

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I want to fight a driving on a suspended infraction from 7 years ago. Will it be difficult considering the time passed?

I have a driving on a suspended from years ago that I never dealt with (I probably have a bail on this matter). I want to get it taken care of so that I can finally get my license restored, but I would like to fight the infraction if possible.

Toshinori Isoai
Toshinori Isoai answered on Dec 8, 2021

You can "fight" or dispute your suspension. How you were suspended in the first place will play a key role. Did a judge suspend you for whatever reason (like DWI conviction)? Or did the DMV suspend you due to nonpayment of a parking ticket or surcharge that you didn't know of or... Read more »

View More Answers

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
Toshinori Isoai
Toshinori Isoai answered on Dec 7, 2021

It depends on the nature of your entity, type of business, consideration (money) involved, etc. You should retain a lawyer to discuss the transfer as well as protection of yourself after the transaction. Depending on the scale and nature of the transaction, you will probably need to get your... Read more »

View More Answers

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Planning on starting a business delivering a variety of Tobacco products sold in stores so people don’t have to move.

Had a couple questions to avoid any legal issues!

Toshinori Isoai
Toshinori Isoai answered on Dec 4, 2021

Your specific questions need to be provided. Tabaco products (business) may fall into several categories that can be highly regulated.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: NYS Trooper stopped me,told him license was susp.were in a safe place he had me move car to store can he still ticket

I was stopped today due to a car riding to close so I sped up to get him away from me cop clocked me at 86 in a 65. When he turned on lights I took exit ramp an pulled over when safe as I had my child in car. I told him immediately my license is suspended. He still proceeded to have me drive my... Read more »

Toshinori Isoai
Toshinori Isoai answered on Dec 3, 2021

The police officer's reason to stop you was the alleged speeding and your license was suspended at that time. That's how you would have received the summons for both speeding and operation while suspended. The officer's request to move your car after that won't change the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Process for terminating NY lease due to landlord breach of warranty of habitability

After moving into our new unit, we left on holiday for a week. Upon returning, we discovered our entire unit reeked of cigarettes and weed (most likely coming from the bathroom vents) and documented this with the landlord. From my understanding, assuming these damages are not remedied, in order to... Read more »

Toshinori Isoai
Toshinori Isoai answered on Dec 1, 2021

Real Property Law § 227 often applies to situations like your building was severely damaged or destroyed and became unfit for living due to reasons you are not responsible for. In that event you may terminate the lease unless your lease advises otherwise.

Your situation based on bad smell...
Read more »

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: What can be done if a company ignores the terms and conditions of a service contract?

I am disputing a bill for the installation of a new water heater in our home.

We had a service agreement with the oil delivery company and I believe that the service agreement covered the cost of the installation.

There is a section in the "General Terms and Conditions" of... Read more »

Toshinori Isoai
Toshinori Isoai answered on Dec 1, 2021

Regardless of the arbitration clause or your opinion, you will need to "answer" the summons to avoid default judgement. You can bring up the contractual dispute clause in the answer (and later in the proceeding), but you need to respond first. If you are going to defend yourself as a pro... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: I was given 5 summonses for operating an electric scooter what can I do about these

Driving on sidewalk

Failure to yield to pedestrian

No motorcycle plate

Unregistered motor vehicle

Unlicensed operator

It’s a tail g 72/32 eagle

Top speed is 52km/h fully throttled

Toshinori Isoai
Toshinori Isoai answered on Nov 30, 2021

What kind of type your "electric scooter" is must be addressed. Assuming that it's an e-scooter, there is a speed restriction in NYC. If you go above the speed limit, then it can be a violation. You won't need a plate for it. It cannot be registered in NYC, so no license plate... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: What law exempts me from paying a parking ticket for, when at that moment, I was hit by a car in serious condition?

Could not move my car because, I was in intensive care; at the time, the car needed to be moved for alternate side of the street parking; Hit at the same hour, when the car needed to be moved.

Toshinori Isoai
Toshinori Isoai answered on Nov 29, 2021

The fact you were unable to physically move your car will probably not be a defense to dismiss the ticket. However, sometimes, a parking ticket is written defectively (missing some info or containing inaccurate description, etc.), which can be a ground for dismissal. Also, you can dispute the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.