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1 Answer | Asked in Criminal Law for New York on
Q: Question about ACD for petit larceny

I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to... Read more »

Brian Berkowitz
Brian Berkowitz answered on Jul 16, 2021

Thank you for your question. This is not something you want to have hanging over your head and if possible, you should reach out to the attorney who originally handled your case to see what, if anything they can do to help you and answer your questions. If you are unable or unwilling to contact... Read more »

3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 16, 2021

You need to talk to your attorney. These cases are complicated. This kind of question is specific to your case and only an attorney familiar with your situation can answer.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

David Ivan Bliven
David Ivan Bliven answered on Jul 17, 2021

It seems unlikely he'll receive anything other than supervised visitation - for now - based on the facts provided. One can't predict how the mental health evaluation will pan out, but if if makes a finding that the Father has a mental illness affecting his parenting capacity, it... Read more »

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1 Answer | Asked in Real Estate Law and Collections for New York on
Q: I have a judgment entered in September 2012 in the amount of $2745 .00 in Niagara County , NY.

Judgement was secured against real property which was sold . Can I seek action against the new owner?

Michael David Siegel
Michael David Siegel answered on Jul 15, 2021

Yes. If what you say is true.

2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My son keeps vomiting and diarrhea after his court order visits with his dad. I think he’s giving him contaminated food

His father says he feeding him what he gives the other kids in the house. Then the father also says it didn’t happen with him. The vomiting and diarrhea has happened multiple times after the visits. What do I do?

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

It sounds as if your child is nervous or anxious about something. After taking his to the doctor to be sure, you should get him into therapy to help your child with their nervousness.

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1 Answer | Asked in Employment Law for New York on
Q: Minor working grill position at chipotle?

im a minor in New York State. I currently work at chipotle Mexican grill. My general manager wants to put me as grill and cook permission, I need to use a knife and operate the grill. Both my parents and I have given them permission to let me. Is it legal if I do grill position

V. Jonas Urba
V. Jonas Urba answered on Jul 13, 2021

Please see a link for New York's Department of Labor handbook on the employment of minors in New York State. You'll see a distinction for minors under the age of 16 and then continuing restrictions for those between 16 and 18. Check out pages 10 to 12 I believe.... Read more »

1 Answer | Asked in Consumer Law and Civil Rights for New York on
Q: How do I file should I file

I used the tea tree one since it came out. I used to get red patchy areas on my head even sores so I used nioxin and it got a little better but too expensive to I went back to it and all of a sudden my hair was coming out in clumps mind you I believe the first time I saw a dermatologist I believe... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 12, 2021

I'm sorry for your ordeal. You could reach out to law firms that handle cases involving injury from dangerous products. You could look under firms that handle product liability and injury cases. Most firms that handle such cases offer free initial consults. See the tab above (Find-a-Lawyer),... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: If information isn’t printed legibly in a lease is it still valid?

My husband signed a one year lease but ended up getting a job in another part of the state so he needs to terminate his lease early. They are saying he needs to pay one month rent as an early termination fee. In the lease where that information is to be printed the space is empty and is actually... Read more »

Elaine Shay
Elaine Shay answered on Jul 12, 2021

Unless the lease contains specific provisions that allow for early termination, there is not right for the tenant to terminate a lease early and the landlord can seek to hold the tenant responsible for the full term of the lease. It is not uncommon for landlord's to request a payment to agree... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New York on
Q: Can I use the name of a fictional city from a movie in my book?

The name used in the movie is “Koriko” while I’ll use “Corico City”. The cities won’t be similar in any way. I wanted to use the name to pay homage to the movie, but am worried about copyright infringement. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 12, 2021

Maybe.

Consult with an attorney to search for use of the name and whether there is any registration.

Best luck!

2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 11, 2021

There are no ramifications except that your wife will tell your daughter of your refusal

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3 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

Howard E. Knispel
Howard E. Knispel answered on Jul 11, 2021

Jurisdiction in NY is dependent on several factors such as how long you have lived in NY, whether tbe two of you lived in NY when he abandoned you, where were you married, etc. Speak to a lawyer to get more specific information.

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1 Answer | Asked in Consumer Law and Entertainment / Sports for New York on
Q: Lost racket at sports club,found by employee, left in their office and then disappeared from there. Can I take action?

I left my racket at a sports club of which I wasn't a member. The coach picked it up and confirmed by email that he had it and had left it in his office. Then the COVID crisis hit so I was unable to visit the club to pick it up. The staff member was furloughed and never returned. Now the club... Read more »

Gregory J. Tarone
Gregory J. Tarone answered on Jul 10, 2021

Yes, you can bring an action for replevin to return your personal property to you. That email acknowledging possession is an indication of having possession of your chattel. Assuming the coach is an employee, the owner of the club is responsible also, so sue them both. If the racket is worth less... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: can i sue my lawyer and closing company for negligence?

During the closing, the closing company was supposed to take the money out the proceed to pay some lien on the house as per agreement. They made a mistake and refund back to sellers. Now i owed than 50000 on the property due to unpaid lien. Can i sue the closing company for for this mistake. I... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 10, 2021

To me, the fact the title company denied the claim is the key issue. This is ordinarily a title claim. The "closing company" is usually the title company, so I am not sure what your distinction is. If it is a lien of the seller you can sue them. It would be Supreme Court litigation.... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: Hello. Almost 10 years ago I handed my co-op manager a check for $350 in order to add wife’s name to proprietary lease

He wound up “losing “ my check and now is demanding the new price of $650 to accomplish this . Since I’m still paying a mortgage, my bank is still holding my stock certificate and proprietary lease. Please advise me how I may proceed. The bldg manager is a known crook and in fact was sued by... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 9, 2021

The transfer must be approved by the Board. There is usually a fee. It is usually handled by management. You cannot force approval of a transfer.

1 Answer | Asked in Products Liability for New York on
Q: I’ve Been using these products for years

What can I do

Tim Akpinar
Tim Akpinar answered on Jul 8, 2021

If you are talking about about a situation where you were injured from using a product that was defective or unreasonably dangerous in some way, you could reach out to product liability attorneys to discuss in greater detail. Good luck

Tim Akpinar

2 Answers | Asked in Trademark for New York on
Q: Can I start a trademark that sounds similar to a registered trademark in a similar industry?

Sisea- Registered for clothing.

Seasi - Unregistered but would like to trademark it for swimwear.

Omar Darwich
Omar Darwich answered on Jul 7, 2021

Your best option here is to consult with an attorney.

You run a serious risk without doing so due to what is called likelihood of confusion.

Thats why you don't see companies called "NYKE" selling clothing.

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1 Answer | Asked in Divorce for New York on
Q: Do I have to pay for dental care I provided as per my divorce agreement after I retire?

My divorce agreement states I will provide dental care to my ex and the child. I have done so for 40 years, and also to her new husband, their daughter, and now her husband. Now she wants me to pay for her care since I am retired. The agreement only states I will provide dental care for her and the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 7, 2021

The answer depends on your agreement. Usually, there is a cut off time for most coverage. For children the cut off is usually the age of 21 or graduation from college. For a spouse, there is usually a time limit (i.e. 20 years, or retirement, etc.). You should review your agreement to see what... Read more »

1 Answer | Asked in Insurance Bad Faith for New York on
Q: Is it illegal for grandmother to keep insurance cards if I’m 19?

So I live with my grandmother. I’m 19 years old and moving out in august. She loves having control of everything! The thing is she has my insurance cards and refuses to give them to me. I’m going to need them when I move out. My college requires me to have my own insurance and I would like to... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2021

One option might be to contact the insurance carrier to request duplicate cards. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I was wondering what the next step would be when my sons mother denies vacation time for my son and I?

My ex and I have a joint custody agreement in NY state. We are both given two non consecutive weeks vacation time we just have to inform the other 45 days prior. I let her know I wanted to take him to Disney World more than 45 days notice. I have a recording of her saying okay. She recently told me... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 6, 2021

The only thing you can do is bring on an Order to Show Cause in Family Court to see who has priority in deciding the time. If there is no priority, you have have a better claim if you gave your dates first. What you should do is take yoor Judgment and any divorce agreement to an attorney and go... Read more »

1 Answer | Asked in Probate for New York on
Q: Can you transfer a Deed to property of the deceased parent to her children prior to filing for Probate in New York.

There is no surviving spouse. Can the IRS or any creditor place a lien on the deceased property prior to filing for Probate? What responsibility does the executor have under those circumstances?

Michael David Siegel
Michael David Siegel answered on Jul 6, 2021

You must do probate to transfer the property. Claims from the IRS and others will get adjudicated in the probate. If there are large tax debts, the property might need to be sold to pay them. The executor would have personal liability for transferring property in the face of unpaid debt.

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