I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?
answered on May 31, 2023
Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... Read more »
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... Read more »
I’m 19 and I work at a Byrne Dairy in NYS as a sales associate, on the 27th of may I was scheduled an 8am to 2pm shift, which is a 6 hour shift, so around the middle of my shift I asked my employer when I would be receiving my break, in return she told me I don’t get one because I’m only... Read more »
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answered on May 30, 2023
It is unfortunate that your employer will not voluntarily honor your request. Because you do not work more than six hours in a shift, your employer can require you to work the shift without a meal break.
Here is NY State DOL statement on the issue.
"Employers in New York... Read more »
answered on May 28, 2023
Your question might continue to be overlooked under the "Trademark" heading, which is more about intellectual property rights involving brand names and related issues. You could repost under "Business Formation" and "Business Law." But because your question appears to... Read more »
My mother and I live together. The landlord would only allow one person on the lease who is my mother. My children and I are listed on an occupant list attached as a rider to the lease. She is 88 yo and wheelchair bound so I have been paying rent. All of a sudden the landlord will not accept it... Read more »
answered on May 26, 2023
The landlord does not get a market-rate apartment. If your mother is evicted, the next tenant is also rent-stabilized. So that is not what I see going on here. The lease itself likely states the landlord will accept rent only from the tenant. Do this correctly. Secure Power of Attorney and pay the... Read more »
For the past two years, I have returned the renewal lease with increases both by email and US Post. The 1st year I received a counter singed copy. The send year I have not receive the counter signed copy. When I asked for it they said they didn't receive the copy I sent in the mail. So I... Read more »
answered on May 26, 2023
Dear Brooklyn Tenant:
This would be simple if you were a Rent Stabilized tenant. Rent Stabilized tenants always have a duplicate of the lease renewal forms, their landlords keep track of tenants without returned lease renewals since that leads to an automatic lease default based on the Rent... Read more »
property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?
answered on May 25, 2023
You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... Read more »
The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »
My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... Read more »
answered on May 24, 2023
Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... Read more »
Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... Read more »
answered on May 23, 2023
There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the... Read more »
I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... Read more »
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answered on May 22, 2023
Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... Read more »
We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... Read more »
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answered on May 22, 2023
I'm not a criminal defense lawyer, but I note you have not asked an actual question - so I will just make a suggestion... This forum is a public place and is routinely monitored by many attorneys, including prosecutors. Obviously, you're asking a hypothetical question, but I would still... Read more »
We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... Read more »
answered on May 22, 2023
First off, you should not speak with any law enforcement before speaking with your own lawyer. Is it police or campus police who are trying to speak with you? Are you a student currently attending the college where this occurred? An attorney can hire an investigator to retrieve video... Read more »
I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... Read more »
answered on May 20, 2023
A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... Read more »
I wanted to lease a studio in NYC and live with my boyfriend, but since I would be paying the majority rent and my boyfriends credit isn’t great, I wanted to lease the apartment (be the sole applicant) and then take him on as a roommate/occupant. The NYC roommate law seems to say that any tenant... Read more »
answered on May 18, 2023
Dear NYC Tenant:
It is the other way around. Two tenants named as tenants on one lease are not entitled to an additional Roommate if both tenants live together. One tenant is ALWAYS entitled to the choice of a Roommate. The statute does not exclude Studio apartments.
***2. It shall... Read more »
How can I go to my local hospital with no insurance (except emergency Medicaid) and get the treatment I need. How can I convince the doctors that I have a c.s.f. leak (cerebrospinal fluid)and for them to give me an E.B.P. (epidural blood patch)It is a life threatening emergency because after that... Read more »
answered on May 17, 2023
Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... Read more »
Tenant has a lease for and occupy the 2nd floor of a 2-family house and lived there for 12 years. The allegation of illegal basement arose after tenant was given notice to vacate premise
answered on May 15, 2023
When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration... Read more »
In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... Read more »
answered on May 15, 2023
The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... Read more »
Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... Read more »
answered on May 13, 2023
From what you have said, it seems like it would be difficult to "win" a succession case in court. Although, an argument can be made that you were there as a caregiver for your mother, the problem being that when the court looks to determine succession they look for documentation such as... Read more »
Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... Read more »
answered on May 26, 2023
Dear Flushing Tenant
The NY City Housing Court has never relied on the expansive definition of 'inception,' as you suggest that it should. I could suggest that is so since the same statute offers defined absences that do not cause a break in the living together with the tenant of... Read more »
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