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As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?
answered on Nov 10, 2021
A guarantor's obligation is generally absolute. You did not guarantee your daughter's stay in the apartment. You guaranteed the prompt payment of the rent. Of course, theoretically, your daughter's roommate would owe you the money you pay. Settle.
I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?
answered on Oct 7, 2021
In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... View More 
Purchase a home and offered asking price if the seller agreed to close before the end of the year
Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me
don't know if there's... View More
answered on Aug 31, 2021
Unfortunately, agreements concerning "real property" must always be in writing. The fact that your neighbor removed the sign from the yard does not seem to be an action that could only mean he agreed. (Sometimes there is a way around the written requirement, but I do not see it here.)... View More
The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.
answered on Aug 25, 2021
I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."
The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:
[2016 Kansas Statutes... View More
I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.
I took a lunch break and was suspended when I returned. Terminated 3 days later
They had the DRP in my suspension letter.... View More
answered on Aug 18, 2021
Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.
If you like I can review the agreement for... View More
answered on Jul 15, 2021
The simple answer is that your fiance must commence a divorce action against his wife to terminate the marriage.
Lawsuit has been filed. I'm the plaintiff.
014 Oklahoma Statutes
Title 12. Civil Procedure
§12-1874. Application to vacate an award.
Universal Citation: 12 OK Stat § 12-1874 (2014)
A. Upon an application and motion to the court by a party to an... View More
answered on Jul 8, 2021
A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."
Further, assuming that... View More
answered on May 5, 2021
I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq
answered on Apr 24, 2021
I can answer your problem with an experience of my own. A Case Manager refused to promptly supply a replacement Arbitrator. He simply became unavailable. Two weeks passed without any responses to my demand that he supply three new names for the parties.
Every Tribunal has an administrative... View More
I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered
answered on Feb 14, 2021
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
I have... View More
They called me and asked if I had an attorney.
Do I need an attorney? What would the charge be for this type of assistance?
answered on Oct 9, 2020
The other side will certainly have counsel. If you want to protect your rights and win I recommend that you retain an attorney. I have handled over 100 arbitrations and would be willing to discuss the matter with you at your convenience. David@Relkinlaw.com
212-244-8722.
www.Relkinlaw.com
I have a certificate as a civil arbitrator, which certificate was endorsed by Hon. Gerald Popeo of Utica City Court, Utica, NY. Recently, two opposing attorneys asked me to arbitrate a civil matter between their respective clients. These two attorneys require that the arbitral award I would... View More
answered on Jun 24, 2020
Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them... View More
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