I got two tickets in January of 2019. Seatbelt and speeding (speed in zone 11-30, 4 points). I initially filed a written response in lieu of appearance. Court has adjourned it on its own (I never requested adjournment) 4 times. They just recently adjourned it to July 2022. Is it possible to get it... View More 
answered on Feb 1, 2022
No. TVB is an administrative court and the speedy trial defense doesn't apply to your traffic matters in TVB. The court is authorized to administratively change your court dates.
My mom is in a nursing home. They are asking me to become her power of attorney. Her husband he still lives home is not doing well and will probably pass soon. The nursing home is trying to put my mom on medicaid to pay for her long term treatment. When her husband dies, will the nursing home get... View More
answered on Jan 26, 2022
This has to be thoroughly examined and analyzed. Who is the beneficiary of the policy? What is the cash value (not benefit) of it? Whose house is her spouse living now? Medicaid application must be well cultivated and planned in advance because there is a cap for both income and assets of the... View More
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... View More
Does this mean I also got points on my lisence ?
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.
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... View More
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... View More
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.
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... View More
answered on Dec 27, 2021
It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.
If 90 days notice applies must the tenant pay all future monthly rents to the landlord?
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.
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.
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... View More
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?
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.
answered on Dec 12, 2021
More facts need to be presented surrounding the "deed transfer."
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... View More
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... View More
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
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.
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.
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... View More
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.
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... View More
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... View More
Had a couple questions to avoid any legal issues!
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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