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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I didnt get my security deposit back

I gave my landlord $750 for a security deposit when i moved into his apartment. When i left i asked about the security deposit and he didnt give me it back stating that i needed to give him 30 days notice of me leaving. I didnt sign a lease, and he did not inform me of this when i moved in, when i... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 3, 2023

Dear Manhattan Tenant

Your landlord owes you double the $750 security deposit because your landord did not provide to you written itemization for deductions allowed by law within 14 days after you moved out.

You could file an online complaint with the NYS Attorney General or sue...
Read more »

2 Answers | Asked in Traffic Tickets for New York on
Q: Court replies to mail in plea agreement under the offer section is the word cover. What's does cover mean?

I Pleaded not guilty by mail to a speeding , unlicensed operation, improper plate in Buffalo New York. The reply was a offer to reduce the speeding to a non-moving violation, disobeying a traffic device. under the offer section pertaining to the two charges of unlicensed operation and improper... Read more »

Susan Michelle Veltry
Susan Michelle Veltry
answered on Feb 3, 2023

Hi. Great job! It means that the other two violations will be dismissed as “covered” by your plea to the disobeying a traffic control device violation.

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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was put in a coma for 3 weeks without informed consent they lied on my medical records and lied to my fiance and mom

They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2023

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 1, 2023

If they just happen to be there and do not interfere with the visitation there should be no problem. If they interfere in any way that could be a problem.

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2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 1, 2023

Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: My has been paying the mortgage since we got divorced. He then stopped paying child support. He says he has a right

He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 1, 2023

Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I have fraud in my documents from the bank and servicer The allonge that should be attached to the note

The bank has created documents and backdated some of them I have a few defects

In my documents there was court order that was no adhered to I’m a retired police officer

And I no what I have In front of me is not correct

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Criminal Law for New York on
Q: Can a person be arrested and convicted of possession of a stolen MV and unauthorized use of a MV w/o owners statement?

Regarding NY. Vehicle owner finds his vehicle has been stolen and reports same to the police. The police conduct an investigation and have the vehicle entered into their DMV system as stolen. However no statement/supporting deposition is taken at the time. Later, the vehicle is found and stopped by... Read more »

Stuart Austin
Stuart Austin
answered on Jan 31, 2023

Arrested yes ——as the police report provides probable cause. Convicted—- no—- as the standard becomes beyond a reasonable doubt at trial.

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

2 Answers | Asked in Family Law for New York on
Q: My dad is in a different state, his POA was given to his stepson. My sibling and I are afraid he was taken advantage of

How can we get this reversed he is 80 and in a rehabilitation center in Mississippi his wife recently passed away while they were in the hospital

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 31, 2023

This is not a Family Law question. It is a trust and estate question. Also it may need to be posted in Mississippi rather than New York since that is where your father lives. It may depend on where the POA was executed. Repost in the appropriate area of law and jurisdiction.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Received Emergency Custody of 16 year old son. Court suggested I retain an attorney. How do I find the right attorney?

Son was in presence of mother when she overdosed. He had to call an ambulance. CPS contacted me and said file for emergency custody.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Jan 30, 2023

Finding the right attorney is important. First, you should google Family Law attorneys who practice in the place where the custody is to take place. From there, look at their websites and learn more about the mission and vision of the firm. You should meet with different firms to determine if... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can the executor of the will move his family into the home where other beneficiaries live without consent?

Executor of will refuses to show beneficiaries the will but showed to people who are not in will?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 30, 2023

An Executor's job is to execute the wishes of the testator and carry out the trms of the will. He/she has no other powers.

1 Answer | Asked in Criminal Law for New York on
Q: If I'm an hour late turning myself in for my weekend. What will happen

I'm in ny

Stuart Austin
Stuart Austin
answered on Jan 29, 2023

Maybe nothing. They may also refuse to take you. They will probably, however, notify the court. You should notify your attorney so that he can notify the court before the problem arises.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: my x used to venmo me money to pay our bills now she is saying I owe her a lot more, I've been paying for what i used

will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have temporary custody of my 21-month-old son. His mother is allowed visitation that is supervised by a CPS twice week

the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 29, 2023

If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.

1 Answer | Asked in Traffic Tickets for New York on
Q: Hi, I got a ticket in Rye, NY going 90 in a 55 MPH. I have no prior tickets and no other offenses, my record is clean.

The ticket says for 7. the charge was based off of officers direct observation then confirmed with radar, but there were also cars a next to me. Any advice on how I can try and fight this in court, I have already mailed in right away and pleaded not guilty. Thank you for any help, I appreciate it... Read more »

Susan Michelle Veltry
Susan Michelle Veltry
answered on Jan 28, 2023

Hi. This is an 8 point speeding violation. You basically have two options-plea bargain (negotiate) or trial. In general, for a high speeding ticket like this it is best to plea bargain with the prosecutor to have your violation reduced in order to avoid a heavy impact on your insurance premium.... Read more »

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