My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »
answered on Jun 29, 2022
No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.
We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice
answered on Jun 28, 2022
Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.
I do not know where he resides. We do not own property together or have children.
answered on Jun 28, 2022
The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no... Read more »
I am disabled,live near acourthouse in the same NYS Unified Court system, different county, Dont drive 3hours of public transportation required NY subways mostly inaccesible
answered on Jun 28, 2022
There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are... Read more »
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.
Jack
We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?
answered on Jun 27, 2022
If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.
answered on Jun 26, 2022
Poverty is no consideration when custody of a child is involved, and the young father must support his child under threat of jail. The mother is free to work or not work. However, if the mother goes on welfare – or what we know today as welfare after the Clinton administration – the department... Read more »
I want to know what would be the best route regarding necessary actions. A business was sold without paying every partner.
answered on Jun 25, 2022
Other than stating that every partner was not paid, you include no other facts. Try to avoid litigation. Have a free telephone consultation with counsel.
Jack
I rented out my fully furnished apartment to tenants who were worried they would damage it (they have children). I did them a favor and stored it for the duration of their lease. Who is responsible for moving it back in? The contract says the home is furnished and has a detailed list of all the... Read more »
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... Read more »
Landlord has increased rent by 700 dollars in the span of 2 months, most recently they increased by 500 dollars this month and only gave a 15 day notice. They said that if we do not pay the full amount then we should start getting ready to be evicted.
answered on Jun 24, 2022
If a residential tenant in New York resides in an apartment that is not rent regulated and does not have the protection of a current lease, there is no restriction on the rent a landlord may charge. However, if the landlord seeks to increase the rent 5% or more, the landlord must provide the... Read more »
answered on Jun 24, 2022
Since you are a US citizen sponsoring your wife, you must file an affidavit of support, even though you do not have sufficient income. However, you will need a cosponsor, someone who has sufficient income and who was either a green card or US citizenship. This person who has to be presently... Read more »
The document states the date of the accident in which I was struck at a red light, but it does not specify a time and place. I do not want them retrieving anything else that does not pertain to the accident as this document states they can look at information prior to, during, and after the... Read more »
answered on Jun 23, 2022
It could be difficult for an attorney to advise either way without seeing the form. Your concerns about an open-ended authorization with no specifics, or a limitless scope of information retrieval are valid. One option is to review the form with an attorney. Good luck
Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »
answered on Jun 22, 2022
I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »
The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month... Read more »
answered on Jun 22, 2022
Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.
answered on Jun 22, 2022
Wrong. There is no requirement that truthful information regarding rent arrears be withheld from employees working on behalf of the landlord.
When I was in f-1 status my school provided insurance info for students. So I used it when needed. Now I am waiting for the EAD and after tat green card, can it affect it somehow?
answered on Jun 21, 2022
When you state that you use it do you mean that you enrolled in the school insurance plan for international students? In any case using your school insurance plan would not affect your eligibility for green card or EAD.
How do I create a lawsuit in the event of an infringement?
answered on Jun 21, 2022
I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »
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