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Questions Answered by Marco Caviglia
1 Answer | Asked in Consumer Law for New York on
Q: Is it illegal for an interest rate to be 24% on a car loan in ny
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Different states have different limits on what constitutes usury, a crime, for charging more than the limit. In NYS it is 16% I believe. So how come your car loan is so expensive? There are several legal workarounds that corporations use, including one that allows the charging of excessive... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: what is the legal term to get a summons/violation dismissed when it was incorrectly written and served.
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Improper service defeats the jurisdiction of the court, so the defendant must be reserved within the statutory time period. If it is "improperly written" then that is a defense seeking dismissal for a defective accusatory instrument made after the case is properly within the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Am I being unlawfully fired?

At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.

1 Answer | Asked in Consumer Law and Banking for New York on
Q: I've gotten counterfeit money from a bank ATM. I went directly into the branch & was told its impossible. What can I do?

I've put in claims and they are denied. Basically I can't be reimbursed is what I'm told. Is this true? The error was on their end. I didn't go the any ATM. It was the actual banks' ATM.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: What NYS/NYC legislation or code is applies to retention of records pertaining to a reported assault 4 a prop mgnt co.?

I visited a mall in Queens, NY on 08-04-20. To open the doors of the mall I used my foot to press the handicap door opener button. In the elevator I pressed the button for the floor of Target. A male janitor appeared in front of the elevator & stuck a broom he had into the elevator activating... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Record retention statutes typcially apply to certain businesses and its records or practices, and vary in application and duration. For example, hospitals are required to keep certain records for a fixed periof of time because these are medical records. You want to obtain records of a complaint... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: How to fill New York State form IT2663 for title transfer into revocable living trust for foreigner.

I am a non-US citizen. I own a condo in NYC which is not my primary residence. I want to transfer this condo into my revocable living trust (domestic). My attorney filled out form TP584 as a conveyance without consideration. Therefore, no transfer tax is due. At the end of this form, it states that... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

A revocable trust's assets are still your tax responsiblity, e.g. property taxes, because it is revocable. The form you are filing suggests you are getting income from the property and that is taxable. If you have no confidence in your atorney, you should obtain another one. Do so or take... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How much does each person have to pay for rent in a family of 4 adults if the rent is 1700 a month regardless of income?
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Regardless of relationship, the landlord typically has someone or all of you severally obligated by written lease to pay the rent. How you get it together is up to you and your room mates. If you default, the people on the lease get sued.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I’m being garnished for child support, leaving me with $150/week (40 hours/wk). I’ve been overcharged & manipulated

I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More

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2 Answers | Asked in Criminal Law, Libel & Slander and Personal Injury for New York on
Q: In December 2024, a former employer of mine assaulted me in a store causing me to require plastic surgery. Can I sue?

The assault prevented me from doing the job that I was going to that day. I have witnesses, from store, employees and the person who was doing the job with me.The store also has a video of the attack. He hit me in the face with a can of primer which split my nose open. He has been saying slanderous... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

This is an intentional tort with a one year statute of limitations, so suit must be commenced within that period from the date of wrongdoing. Unless you have a permanent injury the value of the case may be significantly low. Slander has different types of damages with different evidentiary... View More

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3 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: I’m in Nassau county for divorce. My appointed lawyer doesn’t answer anything. How to get rid of him

He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Can a 25-year-old child take her father to child support for arrears?

Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More

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3 Answers | Asked in Tax Law for New York on
Q: I am selling my house. I am going to give the profits to my son. Do we have to claim it on our income tax forms ?
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

According to Publication 525 (2024), Taxable and Nontaxable Income, property one receives as a gift isn't included in his income. However, if property you receive this way later produces income such as interest, dividends, or rents, that income is taxable to you. The obligation to the donor... View More

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2 Answers | Asked in Contracts and Construction Law for New York on
Q: Contractor stopped showing up. What do I do?

The contractor has done half the work and has received half the payment. For three months, he has said he will return and has given me a date on four occasions, but never showed. He gave me an excuse the first time, but never communicated why since then.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and... View More

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2 Answers | Asked in Criminal Law for New York on
Q: My boyfriend was arrested for a bench warrant. While in custody a detective called me after seeing me calling and text

My boyfriend begging him to bring back my $24,000. The next morning I brought my withdrawal receipt and my bank statement showing the $24,000 withdrawal earlier in the day he was arrested. I wasn’t able to get my money yet because now they will have to prove that money was actually mine after... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

I infer that your beau was arrested for a drug possesion/sale charge(s) and that the money was confiscated as proceeds. It will be up to the prosecutor based upon the evidence assembled to dissuade him/her from proceeding with a forfeiture proceedig. Prosecutors have a vest interest in... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I have Tenant month - to month Agreement but she violated the Lease agreement can i move her out immd with in 30 days

i have also call police and complain and i have police report how to kick out tenant immd out

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

If the tenant declines to move out after receiving the legally required notice timely, you cannot get rid of her without starting an eviction proceeding. Be prepared for delays, as the NYS landlord-tenant law was revised to make it more difficult to remove the tenant who is resisting. Make sure... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Will this case be dismissed if brought to trial

Back in may my son’s father was on probation for a gun and we had a no contact order I went to where he resides and there was a girl so I went in and put my hands on him and he pushed me out I called the police out of spite and he was brought to jail for violation of probation and violation of OP... View More

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you gave a statement or testimony under oath and wish to recant that testimony, it may be accepted or rejected. Your recantation may be requested in sworn form. In both instances, your false written or false sworn testimony is a crime, and I have seen someone in your position prosecuted for... View More

2 Answers | Asked in Divorce for New York on
Q: How can I get divorced free

I'm tired of my husband screaming at everyday all day and arguing with me none stop

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you are indigent, local legal clinics and legal aid societies may assist you, but they are swamped. If you are able to get an uncontested divorce, you could opt to do it yourself, as all the paperwork is on-line via the Office of Court Administration website. Also, you may call the local bar... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at...
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2 Answers | Asked in Criminal Law and Employment Law for New York on
Q: Can my friend answer "no" to this question?

"In the past ten (10) years, have you ever been convicted of a crime involving a felony, misdemeanor, infraction, or violation of any law? Please exclude all traffic violations."

My friend was convicted of § 240.20 Disorderly conduct in NY in 2018. After one year, they were told... View More

Marco Caviglia
Marco Caviglia
answered on Jan 8, 2025

This is a tricky area when discussing job applications requesting information of past convictions. You state that the Disorderly Conduct violation conviction was sealed [that should be confirmed with the court to make sure it was done]. The Legal Action Center in NYC advises what to do in the... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Me and my godchilds mom wanna know about joint custody on my godchild
Marco Caviglia
Marco Caviglia
answered on Jan 8, 2025

You are presumably not a grandparent of the child. It is unknown who has custody of the child now. If you, as a non-parent were actually eligible for "joint custody" with a parent, that would have to be sanctionedy by a superior court, such as Family Court. It is also not known what it... View More

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