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Questions Answered by Jack Mevorach
1 Answer | Asked in Contracts for New York on
Q: What I need to know using partner’s lawyer and loan officer?

Thinking buy a multi family with my partner using fha loan. Hopefully both person in loan. What should I write on the ride to protect myself in case separate ? What I should not to sign for loan and contract? Thank you.

Jack Mevorach
Jack Mevorach
answered on Feb 29, 2024

You and your partner should NOT have the same attorney and the attorney should know this is prohibited. There is an inherent conflict of interest.

Jack

1 Answer | Asked in Health Care Law for New York on
Q: i am looking for case law for NEW YORK MENTAL HYGIENE LAW ARTICLE 81 PROCEEDINGS FOR THE APPOINTMENT OF A GUARDIAN FO
Jack Mevorach
Jack Mevorach
answered on Feb 24, 2024

You could purchase a book from a number of sources or hire a company to do the research for you, or both.

Jack

3 Answers | Asked in Real Estate Law for New York on
Q: I have a purchase agreement now owner wants me to sign a rental agreement I plan to sue for breach of contract

By signing rental agreement will this hurt my court case for breach of contract

Jack Mevorach
Jack Mevorach
answered on Feb 8, 2024

Yes, signing a rental agreement after signing a purchase agreement will create problems for you. You can sue for "specific performance," forcing the Seller to sell to you.

Jack

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1 Answer | Asked in Business Law for New York on
Q: How to introduce a non-solicitation clause or notice to an independent contractor if the initial agreement does not have

I have a simple agreement with my independent contractor to provide services on my behalf. However, they are extremely soliciting my client and harming my business in different way. How can a non solicitation notice legally introduced to the independent contractor given the fact that by all means... View More

Jack Mevorach
Jack Mevorach
answered on Jan 26, 2024

It sounds like you're trying to slip something past the IC, such that the IC will be bound without signing. Not recommended.

Jack

1 Answer | Asked in Business Law for New York on
Q: My mother’s business partner took over & changed the name of her company upon her death .

Do I still have rights to my mother’s company and profits?

Jack Mevorach
Jack Mevorach
answered on Jan 21, 2024

Possibly. Your mother's interest in the business may have passed to you upon her death.

Jack

1 Answer | Asked in Banking for New York on
Q: Will it be possible to get a HELOC while I have previously obtained a business loan which I had to personally guarantee?

The business loan is not perfected against my home and does not reference my property directly.

Jack Mevorach
Jack Mevorach
answered on Jan 14, 2024

Yes, it's possible. It's in the discretion of the lender.

Jack

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: What is the easiest way to include Judiciary Law 487, if neglected to add to initial complaint.

Defendant was served May 2023. Defendant is in default. This is a lawsuit against an attorney for breach of contract due to no legal representation, lack of fiduciary duty and misconduct.

Jack Mevorach
Jack Mevorach
answered on Jan 10, 2024

Lawsuits against attorneys are usually for legal malpractice, even if the claim is breach of contract. Still, it would be very unusual for an attorney to default, if properly served.

Jack

1 Answer | Asked in Banking and Elder Law for New York on
Q: Hi - Does the NY State Statutory Short Form POA expressly allow the agent to open a bank account with beneficiaries?

My bank is declining to do this. I see there is language in the statute that requires language in the modifications section of the POA that expressly provides this permission for already-existing accounts. However, I am opening a brand new account, and I interpret the language in the statute to... View More

Jack Mevorach
Jack Mevorach
answered on Jan 3, 2024

Very often banks refuse to comply with legal documents that they should honor. A POA is just one of them. Wrongfully, they will insist on a certified copy of a court order, submitted by an attorney.

Jack

2 Answers | Asked in Collections for New York on
Q: A dissolved company is trying to collect on a judgment are they still able to?

Only the company is listed as the creditor. Won the judgment in New York.

Jack Mevorach
Jack Mevorach
answered on Dec 18, 2023

Yes.

Jack

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2 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: The concept of easement of necessity needs to be explored and litigated for me…any takers?

City of Cohoes

Jack Mevorach
Jack Mevorach
answered on Dec 14, 2023

Are you seeking straight contingency?

Jack

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1 Answer | Asked in Banking, Business Formation and Business Law for New York on
Q: I have a joint account with my son and he fraudulently took 6 thousand from my acc without me knowing.

I got a lawyer and paid off the full amount. I also took my son off the account. I still wish to do business with that bank because I have multiple building and business in that bank. How would this affect my business and my bank relationship. What are my next steps and what will happen?

Jack Mevorach
Jack Mevorach
answered on Dec 2, 2023

I'm not understanding what amount had to be paid off and why. If everything is now straightened out, what would be the issue of continuing with the bank?

Jack

2 Answers | Asked in Real Estate Law for New York on
Q: Me and my ex partner verbally agreed that I would refinance the house and buy her part, do I have to sell?

Now she changed her mind and wants to sell the house, Can I be force to sell the house or what are my options?

Jack Mevorach
Jack Mevorach
answered on Nov 29, 2023

The "verbal agreement" is unenforceable. Had to be written. If no settlement, a lawsuit for partition forces the sale of the property.

Jack

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it legal for my apartment complex to charge me $10,000 to break my lease early?

My husband and I live in a one-bedroom apartment in New York State. Due to unforeseen circumstances, we now need to move in with a friend and her child. It is against our lease to have more than two people as tenants. We would like to break our lease to move into a bigger apartment, but per our... View More

Jack Mevorach
Jack Mevorach
answered on Nov 13, 2023

Doesn't sound right to me. Have a free telephone consultation with an attorney of your choice.

Jack

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2 Answers | Asked in Business Formation and Business Law for New York on
Q: How should I figure out the best way to set up bookeeping/taxes for my PLLC providing psychotherapy? Too many options!

It took the state a year and a half to process the PLLC paperwork. Meanwhile, to pay the bills, I did contract work (1099) through other businesses. Now that's the bulk of my income. Since that's already taxed, it's hard to know how to set up bookeeping.

Jack Mevorach
Jack Mevorach
answered on Nov 2, 2023

Talk with two or three CPAs, get some options, and then speak with an attorney. You should be able to obtain all thus in free consultations.

Jack

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2 Answers | Asked in Business Law and Election Law for New York on
Q: Hi, I am a shareholder in co-op building in NYC We didn't have an election for the 4-5 years.

The shareholders lost trust in board directors members

We send a request for special meeting and immediate election , more that 25% of shareholders signed the letter.

The board didn't reply to our request, they just ignore us.

what can we do in such case.

Thank you,

Lola

Jack Mevorach
Jack Mevorach
answered on Oct 31, 2023

You can file a lawsuit.

Jack

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2 Answers | Asked in Estate Planning for New York on
Q: My sister and I are co power of attorneys in NYS. Can she unilaterally change the attorney representing my father?

She has tried to get me to sign a new POA where she can work alone. My original POA is missing. I believe it was in the bedroom I was staying at when I was caring for my parents. I believe my sister and /or brother in law took my original signed copy. They tried to have me sign a new POA where... View More

Jack Mevorach
Jack Mevorach
answered on Oct 23, 2023

No.

Jack

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1 Answer | Asked in Employment Law for New York on
Q: I used to work with Wendy's on 10/5 and 10/6/2023 13.12 hours and never been paid by them and I started to cut myself

I cut my wrist because I don't know what to do

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

Cutting yourself is never the answer. Please seek professional medical attention immediately. Call 911 for assistance.

Your life matters. Don't sacrifice it.

Jack

1 Answer | Asked in Family Law, Real Estate Law, Elder Law and Probate for New York on
Q: This is a situation where a veteran at 68, was a live in caregiver for an 84-year-old who recently died intestate.

I, along with my partner who is also 68 and suffers from advanced Alzheimer's Disease, resides in the home of the decedent whose house is in reverse mortgage. The deceased has six other siblings, three deceased. The house value is close to the outstanding balance on the reverse mortgage. I... View More

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

A proceeding will need to be commenced in Surrogate's Court.

Ja k

4 Answers | Asked in Real Estate Law for New York on
Q: Can I be sued personally for a property I purchased under an llc?

I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

Did you obtain title insurance when you purchased?

Jack

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