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1 Answer | Asked in Divorce for New York on
Q: In New York if both the Spouses wants to discontinue the divorce action, who has to pay attorney fees?

The spouse who has started the divorce action and monied spouse is responsible to pay other spouse;s attorney fees?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 30, 2022

Unless court ordered, everyone pays their own legal fees.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my landlord just sold my house. The new owners just gave me a 30 day vacancy notice, do I still have to pay..

Rent for the remaining 30 days ?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 30, 2022

Yes.

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to give me my deposit and is instead giving it to my ex-partner who is also on the lease.

The landlord signed a new lease with my ex-partner and is trying to 'roll-over' my deposit to a lease agreement that I am not apart of. I need help getting my lease back as stated in the lease agreement.

[Update] Can you inform me of my options?

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 30, 2022

You may sue your landlord and ex-partner in Small Claims Court for the refund of your security deposit.

2 Answers | Asked in Landlord - Tenant for New York on
Q: If Docket/Index numbers vary among a Warrant of Eviction, Notice of Petition, Petition... is that grounds for dismissal?
Victor M. Feraru
Victor M. Feraru
answered on Sep 29, 2022

I don't think it is. Although it shouldn't have been filed or served that way--it may, and I say MAY be a reason to delay. Generally, these errors happen and are easy to fix. You'd be better off not representing yourself in an eviction for a number of reasons.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 29, 2022

Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 29, 2022

It seems unlikely if she has an untreated drug problem and no proper housing for the child.

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1 Answer | Asked in Real Estate Law for New York on
Q: I live in Bklyn, NY and received a violation to repair a retaining wall that is not on my property line. Shared driveway

Broken part of wall is at the entrance of a shared alleyway used by all the residents on the block to access garages. Where can I find the law that covers who is responsible for upkeep of retaining wall and how do I prove to the city that the violation they gave me does not involve my retaining... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 28, 2022

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Consumer Law for New York on
Q: If I sign a fee agreement and don't pay what happens?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

It could depend on the terms of the fee agreement. Some fee agreements are drafted such that if no actual services are performed (in other words, no work done), there is no obligation to pay. Some agreements are drafted such that a fee is owed based on an outcome, whether the outcome is a... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: How is my situation?

Married for five years seperated after two years befor she come to usa now she want to divide my bank account she never added to or deposit any money we dont have kids she is working good

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 28, 2022

It is wise for you to make an appointment to consult with an experience family law and divorce attorney. Generally speaking anything earned during the marriage is considered marital property. Despite the fact that she may not have contributed to the account, the fact that you own an account between... Read more »

1 Answer | Asked in Business Law for New York on
Q: I booked an event space, host called stating she double booked, she ghosted me, do I have a case?

This was a craft fair open to the public. I haven't paid yet as she stated as long as I paid within two weeks of the event which hasn't passed yet. I've already collected vendor fees, did paid advertisement and put in the work to organize everything. If I cancel, I will have to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2022

I do not know what "booked" means to you. If you have a written contract, you can enforce it. If you have a promise on the phone, then you have nothing.

1 Answer | Asked in Landlord - Tenant for New York on
Q: in ny is there a letter for tenant transfer apartment for security deposit difference to use as first month rent

hi, my tenant is switching from the front apartment to the back apartment she paid the security deposit now we both agreed since it will be less rent in the back she will transfer the security deposit from front to back and the difference of $125 will go to first-month rent is there a legal... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 27, 2022

You might want to provide her with a statement similar to the one you would if she was moving completely within 14 days she moves out of the one apartment. You might want to wait to see the condition of the apartment she is moving out of before putting anything in writing.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 26, 2022

It is standard. When you return it, say it is in escrow pending transmittal of the funds.

1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

2 Answers | Asked in Civil Litigation and Contracts for New York on
Q: I didn't owe that person money, but I wrote a contract that I would repay him. if I break the contract, will I be sued?

A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?

Denis Kitchen
Denis Kitchen
answered on Sep 22, 2022

This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »

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2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 22, 2022

Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.

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1 Answer | Asked in Employment Law for New York on
Q: What are the minimum hours an employer must provide in NYS
Christopher Marlborough
Christopher Marlborough PRO label
answered on Sep 22, 2022

There are no minimum hour requirements.

Some employees can be paid premium pay when they are subject to scheduling changes on short notice.

New York State recognizes a right to "call-in pay," but only if the worker is required to report to work. Usually, restaurant or...
Read more »

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