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Questions Answered by Kevin Abessi
1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... View More

Kevin Abessi
Kevin Abessi
answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Contracts for New York on
Q: I gave the rights to a game I designed to a scammer who is not producing. Can I design a new game with the same theme?

I designed a game and it was picked up by a games publisher who has since been revealed to be a scammer, and their reputation in the industry is lower than dirt. Unfortunately, they refuse to relinquish any of my titles despite never producing anything. Can I design new games with similar themes to... View More

Kevin Abessi
Kevin Abessi
answered on May 30, 2021

Ah, what an interesting legal area! Games-related cases date back quite a bit. On the analog side, you have Parker Brothers (now Hasbro) fighting to protect Monopoly by imitators like anti-Monopoly and Ghettopoly over decades. On the digital side, you can all all the way back to Pong for video game... View More

1 Answer | Asked in Divorce for New York on
Q: After 16 years being completely separated, how can my ex and I get divorced, easily and cheaply?

We have been separated financially and residency for 15-16 years. We have a 21 y/o who lives completely on his own. We just want a cheap, easy, quick divorce. What's the best way to do that?

Kevin Abessi
Kevin Abessi
answered on Apr 20, 2021

If you can agree on the terms of the divorce - e.g., equitable distribution, spousal maintenance, custody if relevant, etc. - through private negotiations with each other, then you may be able to proceed with the formal divorce process in an uncontested capacity. This can essentially amount to no... View More

2 Answers | Asked in Contracts and Employment Law for New York on
Q: I signed a contract stating I must give my employer 90 day notice. What are the legal repercussions if I leave before?

My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work... View More

Kevin Abessi
Kevin Abessi
answered on Jan 12, 2021

This sounds like a “Garden Leave Provision.”

It’s not like you can be stopped from leaving, so the question is whether it’s enforceable, and if so, what are the damages they deserve for an employee breach of that particular demand.

An attorney would probably need more...
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1 Answer | Asked in Divorce for New York on
Q: I recently moved to NJ from NY and do not meet the residency requirements for divorce in NJ, looking to file in NY

I was informed that because I'm not meeting residency requirements of NJ that means I can still technically file in NY. Looking for further clarification.

Kevin Abessi
Kevin Abessi
answered on Jan 5, 2021

I'd refer you to Domestic Relations Law Section 230 for the residency requirements:

DRL 230: Required residence of parties.

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The...
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2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... View More

Kevin Abessi
Kevin Abessi
answered on Dec 30, 2020

The answer to your question may come down to the extent to which each party is acting in good faith or bad faith. While it is impossible for an attorney to give you a fully confident answer based on the limited facts, if you have behaved in an honest fashion with respect to this marriage, and your... View More

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2 Answers | Asked in Securities Law for New York on
Q: A company disclosed material non-public information in a closed invite only industry conference. Does it make it public?

The company disclosed a slide that was released 2 months after and also heavily inclined about in an investor conference 2 weeks after. Does trading on the expectation of the release of something described in the slide is legal in this time period?

Kevin Abessi
Kevin Abessi
answered on Dec 29, 2020

The SEC may deem this "selective" or "privileged" disclosure, which would fall under the umbrella of insider trading. The concern here is the fact that it's an invite-only event, and SEC rules tend to distinguish between open settings and those to which "the little... View More

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1 Answer | Asked in Divorce and Family Law for New York on
Q: I am being pushed out of my home in the midst of covid and need to know my rights. I need legal assistance.

I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.

Kevin Abessi
Kevin Abessi
answered on Dec 1, 2020

Hi.

Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without...
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1 Answer | Asked in Divorce for New York on
Q: Hello. I live in NYC and am separated, not legally separated, from my wife for about 2 1/2 years.

We have no children and the only assets in question are my pension and deferred compensation plan. She has worked full time the entire time we have known each other.

I can't now, or in the near future , afford to hire an attorney to represent me in a divorce procedure. I have done some... View More

Kevin Abessi
Kevin Abessi
answered on Nov 21, 2020

Here's one of the places you can begin your search:

https://www.justia.com/lawyers/divorce/new-york/new-york-city/legal-aid-and-pro-bono-services

In addition, law schools have law clinics that may take divorce clients.

Ultimately, though, if you're working and...
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1 Answer | Asked in Securities Law for New York on
Q: I have questions regarding securities and exchange commission laws.

I own a options trading website where I provide trade ideas of specific stock tickers based on fundamental and technical analysis. I charge subscribers monthly fees. I do not provide investment advice of any sort, just trade ideas of good stock setups. I don’t tell my subscribers what to do from... View More

Kevin Abessi
Kevin Abessi
answered on Nov 16, 2020

Given the facts at hand, you appear to be on the right track. A seminal case is Lowe v. SEC, 472 U.S. 181 (1985), which essentially declared that an exclusion from the definition of investment adviser is available to any publisher of a newsletter as long as remains entirely impersonal and does not... View More

2 Answers | Asked in Divorce for New York on
Q: Hello I already have a legal separation agreement file through court. How do I go forward with the divorce?
Kevin Abessi
Kevin Abessi
answered on Nov 16, 2020

The first question you have to ask and answer is whether it has been a full year since the separation took effect. If not, then you will have to wait until then before you can use the separation as grounds for the divorce [DRL 170(6)].

After a year, you can "convert" the...
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2 Answers | Asked in Child Custody and Family Law for New York on
Q: My husband and I are separated, he will not let me take the kids. I currently live with my bf.

The kids came with me when I separated from my husband. We are still legally married. He said he will take the kids for the weekend and now he won’t let me take them back. Can a police officer help with this issue?

Kevin Abessi
Kevin Abessi
answered on Oct 4, 2020

You may need to seek a custody order, assuming you currently don't have one. From the facts provided, I'm not sure if you have a formal separation agreement in place, and if so, what it stipulates. But establishing your custodial rights through a legal process may be your best option.... View More

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1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... View More

Kevin Abessi
Kevin Abessi
answered on Oct 4, 2020

I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions... View More

4 Answers | Asked in Divorce for New York on
Q: I will like to get divorce. I'm thinking to get one lawyer for both of us. Is this a good idea?
Kevin Abessi
Kevin Abessi
answered on Oct 4, 2020

While one lawyer cannot represent both parties (conflict of interest concerns abound!), an attorney acting as a mediator would be considered a neutral party in the divorce process; the parties would, in that situation, technically be representing themselves. You'd have difficulty finding a... View More

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