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1 Answer | Asked in Animal / Dog Law for New York on
Q: Human society refuses to operate on my dog if I don't spay her as well. is this legal after a visit and bloodwork done?

She has a mammary growth she was seen for and needs it test and removed. Is a clinic allowed to refuse to help you after working w them if I don't do as they say especially one that is supposed to help lower income individual and their pet in need of medical attention?

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 20, 2021

Yes. They can refuse.

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
Elaine Shay answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

1 Answer | Asked in Contracts and Employment Law for New York on
Q: Hello , my employer refuse to pay me over 10000$ in commission

I provided every proof that i wasnt paid for certain jobs , dozens of emails and promises , lately i have been harassed with iron strong evidence that is directly correlated to the fact i asked for my money , is it wise to persue a lawsuit or big employers always win in such cases and it takes... Read more »

Brian Greben
Brian Greben answered on Sep 20, 2021

You're asking excellent questions, but they can't be answered without knowing the specifics of your case. You should contact an employment attorney.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: A foster mom hit my 8 year old on the hand twice with a wooden spoon the second time she said stop crying cry baby
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 20, 2021

You didn't ask a question you only stated something. What you should do is report this to CPS, your lawyer and the court if you are in court.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My daughter lives in New York City and co-signed an apartment lease with my wife and I as guaranteers.

The landlord is threatening to sue my daughter for supposedly back rent and the back rent of others who he allowed to live in the apartment at the same time my daughter did. He is sending threatening email and text to my wife and I as well. My wife and I live in Arizona. My daughter requested a... Read more »

Elaine Shay
Elaine Shay answered on Sep 19, 2021

When tenants sign a lease with co-tenants or have roommates live with them and share rent expenses, the landlord can hold either tenant responsible for the full amount of the rent due under the lease. Unless a guaranty is limited in some manner, the guarantor obligates him or herself to do... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I filed a case against Johnson and Johnson and I found out the law firm I'm with is not reliable. So I'm trying to see

If my case is in court like they told me. I've been waiting for years.

Tim Akpinar
Tim Akpinar answered on Sep 19, 2021

You could ask your firm directly. It's a fairly straightforward inquiry. If you filed the case, then you already have an index number. If you had the law firm file (which is generally more common), you should be able to determine that an action is pending on your behalf through an index... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: USCIS, I-485 Adjustment status is out of normal processing time, Pending security checks

I got my adjustment status pending,

Filed it July of 2018 in NY, then moved and changed an address to Florida in January of 2019,

now they say security checks pending..

Why is it that slow, I have no criminal records, never had one..

How to move it from a dead point?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 17, 2021

It is a typical situation as the personnel shortage, changing the address, pandemic case backups and other USCIS priorities create a definite delay for many applicants.

You may call the USCIS Customer Service number from your received correspondence, ask to speak with a live agent from...
Read more »

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2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: I'm fearful of health an safety of my great grandson.my grandaughter is involved with drug addict

Hes psychotic extremely bad,has madexthreats to kill my grandaughter an baby.she continues to stay in that environment.been working with cps whom is of little help what can be done

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Unfortunately, as a grandparent there isn't much that can be done if CPS doesn't feel that court intervention is necessary.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: What is my best course of action?

My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What are the risks/benefits for resignation verses being laid off or terminated?

I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment

Rhiannon Herbert
Rhiannon Herbert answered on Sep 14, 2021

The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any... Read more »

1 Answer | Asked in Tax Law for New York on
Q: Hi I have about 75K in tax debt is there anyway the IRS would take less for an immediate lump sum without making an OIC?
Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 14, 2021

No. You would have to submit an offer. The only other way to pay less without submitting an offer is to request a penalty abatement, however, most taxpayers do not qualify for a full penalty abatement. Most people can usually only get penalties abated for the first year. I recommend at least... Read more »

1 Answer | Asked in Divorce for New York on
Q: Can a QDRO be drafted and signed by a judge with just a separation agreement vs a divorce in NYS

This would be for a NYS Pension

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 14, 2021

If a properly drafter QDRO is presented to a judge and there is no objection, the judge will sign it. As for the drafting of the QDRO, if the separation agreement is clear on how the retirement assets are to be divided then a QDRO can be drafted.

1 Answer | Asked in Child Support for New York on
Q: Are there any circumstances that a judge would award someone retroactive child support in NY if they haven’t filed?

I probably should have filed when my baby was born but I went through a very long recovery and the courts were closed in NY. I was trying to work out a deal with my ex amicably. Are there any circumstances that would allow NY to award us retroactive child support from birth? My daughter is 8 months... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 14, 2021

No. By law, child support is only retroactive to the date of filing of the petition.

1 Answer | Asked in Child Support for New York on
Q: Could I get retroactive child support in NY if the father didn’t sign an acknowledgement of paternity if I didn’t file?

Because of Covid and a long recovery from post partum, I wasn’t able to file until recently. My daughter is now 8 months old and we haven’t received any child support from her dad. He was there for the birth of the baby but did not sign the acknowledgement of paternity or birth certificate.

Howard E. Knispel
Howard E. Knispel answered on Sep 14, 2021

You are going to need to file a paternity and support action. Child support can only be retroactive to the date of your petition.

1 Answer | Asked in Construction Law and Contracts for New York on
Q: Is a hand written contract to terminate another contract legally binding?

I had a contract with a home builder to build a house but things went bad. I asked to walk away and the builder agreed to terminate the contract in exchange for some money which I paid. We didn’t use a attorney but wrote up a simple agreement and signed it. Am I clear of the builder’s contract now?

Michael David Siegel
Michael David Siegel answered on Sep 13, 2021

Depends on what you signed. The concept that a handwritten amendment can modify a preprinted form is true.

2 Answers | Asked in Immigration Law for New York on
Q: There will be any problem in my citizenship application if my spouse citizenship is denied for immigration mistakes?

Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.

I suggest consulting without any delay with an experienced immigration attorney.

There is no room for mistake here.

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Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If the company you work for is bought out by a different company is the old company required to transfer PTO

They said Governor Cuomo made a law that applies to NYC residents and not the rest of NY that is why we did not get paid out our safe and sick time

V. Jonas Urba
V. Jonas Urba answered on Sep 9, 2021

Governor Cuomo had the authority to sign laws which the state legislature made for the entire State of New York, including New York City. But he had no authority to give favorable treatment to employees who work in NYC and not give the same benefits to the rest of the state unless it was some... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlords voided our lease without informing us

Hi! My roommate and I signed a lease together on August 31 for September 1 however we were told the apartment would not be ready until the 10th. We contacted them on Tuesday the 7th and were told that our lease cannot be allowed as it was double-sided. So we then resubmitted the lease. And we were... Read more »

Elaine Shay
Elaine Shay answered on Sep 9, 2021

It isn't clear from your post whether you have been dealing directly with the landlord or through a real estate agent/broker. If you were dealing with a broker and have not received a fully executed copy of your lease, you probably don't have a binding contract yet. If you do have a... Read more »

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