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Questions Answered by Jack Mevorach
Q: How do I remove my husband, whom I am divorcing (super early stages) from the NY rent-stabilized lease due for renewal?
My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More 
Jack Mevorach
answered on Aug 17, 2024
answered on Aug 17, 2024
Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.
Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More
Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made
it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.
Jack Mevorach
answered on Mar 25, 2024
answered on Mar 25, 2024
I'm very familiar with this scenario. The matter should be worked out, rather than litigated. Usually, the LL has a better chance of getting paid from a Purchaser than a TT who wants to sell. Hard to understand your LL's motivations.
Jack
4 Answers
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Contracts, Civil Litigation, Real Estate Law and Personal Injury
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New York
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Q: Can I litigate to recover my deposit and place a lien on a property with a removed oil tank?
I was in contract to purchase a property with a buried oil tank. I agreed to pay for the oil tank removal due to the sellers’ financial constraints, with an estimate of $2,600, excluding unexpected soil testing costs. The sellers agreed to reimburse me up to $7,000 upon closing. After removal, it... View More
Jack Mevorach
answered on Sep 12, 2025
answered on Sep 12, 2025
If you choose to litigate, you will file a Notice of Pendency against the property, and probably seek specific performance, along with other relief.
Jack
Q: Does deed listing as married create joint tenancy for unmarried property buyers in NY?
I am dealing with a situation involving real property in New York State purchased in 1999 by two unmarried individuals, who are now both deceased. The deed lists them as married, though they were not. Given this, was their ownership established as joint tenants automatically due to the marital... View More
Jack Mevorach
answered on Sep 1, 2025
answered on Sep 1, 2025
Interesting question. First time I encountered this. It's either joint tenants with right of survivorship or tenants in common. I'd have to research it. Try AI.
Jack
Q: Can I sign a commercial lease personal guarantee without my SSN or driver's license?
I am looking to sign a commercial lease, and they are asking for my Social Security Number (SSN) or driver's license as part of the personal guarantee. I've had previous experiences with commercial leases, but I am concerned about identity theft. Is it necessary to provide my SSN or... View More
Q: Can I use a New York LLC for wholesale real estate in other states?
I am located in New York and am looking to create an LLC to conduct wholesale real estate business. I plan to operate in multiple states, including Kansas City and Florida, working independently without any physical office or employees in those locations. Should I form a foreign LLC in those... View More
Jack Mevorach
answered on Aug 12, 2025
answered on Aug 12, 2025
You can use a New York LLC and register the LLC in foreign jurisdictions.
Jack
Q: How to structure a 50/50 LLC partnership in CAD design industry with a unique profit split for projects?
I'm forming a 50/50 partnership LLC with a partner in the CAD design industry. I will handle sales and marketing while my partner manages engineering. He wants a 66/34 profit split for projects he completes independently, utilizing company resources. We're splitting decision-making... View More
Jack Mevorach
answered on Aug 5, 2025
answered on Aug 5, 2025
I smell trouble. You should each consult separate counsel. One attorney is not permitted to represent both. Jack
Q: I am the defendant in a TRO process involving an ex boyfriend
I am also jointly named with a friend in a lawsuit brought by the above mentioned ex’s new girlfriend. The plaintiffs attorney contacted the attorney of my friend named in the other lawsuit and discussed details of the TRO hearing with her though my friend is not a party to that matter. Is this... View More
Q: Business partner bullying me to sell joint property at a loss via quitclaim deed
My business partner and I have owned a property together for 32 months. We initially attempted a buyout, but my partner was unwilling to buy me out at my buy-in price. Recently, she's been trying to force me to sell our jointly owned property at a loss to me via a quitclaim deed. She has been... View More
Jack Mevorach
answered on Jul 28, 2025
answered on Jul 28, 2025
The only way you can legally be forced to sell the property is through the court system. Retain counsel.
Jack
Q: Can I evict a tenant using my personal name if the lease isn't under corporation's name?
I am the sole owner of an S corporation that owns rental units. I mistakenly issued a lease to a tenant using my personal name instead of the corporation's name. I have consistently used my personal name in all communications concerning the lease, and the corporation was never mentioned. The... View More
Q: What can I do about a neighbor disputing my easement rights and damaging my property in NY?
I am experiencing issues with my neighbor over an easement where I own the property. They continually block access, climb over my fence, and damage my property. Despite having no trespassing signs, they throw garbage, dog feces, and glass on my property. I've documented these incidents with... View More
Jack Mevorach
answered on Jul 22, 2025
answered on Jul 22, 2025
I agree with Mr. Siegel. If the neighbor won't respect the easement, you're going to need assistance from the Court.
Jack
Q: Can recorded calls be used in court to claim money from joint accounts?
My brother made joint accounts with his friend to enable her to transfer the money directly to me without going through an estate after his death. I have recorded calls where she admitted that the money isn't hers and that she accepted to be entrusted with transferring the money to me after... View More
Jack Mevorach
answered on Jul 18, 2025
answered on Jul 18, 2025
New York is a one party consent jurisdiction. If a party to a recording consented to the recording, the recording is admissible into evidence, subject to the discretion of the Court.
Jack
Q: How can I secure my $75,000 award from Regal Cinema amid bankruptcy?
I had a slip and fall accident at Regal Cinema in November 2017 when the theater was insured and operational. An arbitrator awarded me $75,000, but Regal Cinema filed for bankruptcy a year later, just before the award was issued. My lawyer now tells me that I may not receive the money despite the... View More
Jack Mevorach
answered on Jul 15, 2025
answered on Jul 15, 2025
Anything is possible. Was the $75K paid?
You'll need a bankruptcy attorney to represent you in the bankruptcy. I'm not a bankruptcy attorney. From what I know, unsecured creditors usually don't do that well in bankruptcies.
Jack
Q: Is it safe to send sensitive information via email for a Financial POA setup?
I have an in-person appointment with a lawyer next week to discuss setting up a Financial Power of Attorney (POA). Her office emailed me asking for the names, addresses, and IDs of the individuals involved in the POA to be sent via email. They did not provide any security guidelines about sending... View More
Q: Legal action for unpaid timber sales in Cortland County, NY
I had an agreement with a man to cut and sell timber from my property in Cortland County, NY, where I would receive 55% of the sales. We have a written contract, but the payment was supposed to be contingent on receiving written proof of timber sales, which he has withheld. He started taking trees... View More
Q: Can I start a SaaS company despite a Florida non-compete?
I am an engineer residing in New York, working for a corporation based in Florida. I am considering leaving the company to start a new business in the software as a service (SaaS) field. However, my employment contract includes a non-compete clause governed by Florida law, which broadly prohibits... View More
Jack Mevorach
answered on Jun 22, 2025
answered on Jun 22, 2025
Maybe. Non-competition agreements are upheld if "reasonable" in time and geography. "Anywhere" is frowned upon; however, with remote work increasingly popular, perhaps less so.
Jack
Q: Can I transfer my property title in NY with outstanding debt?
I am a homeowner in New York, and a laborer demanded $146,000 for work performed on my property. I verbally agreed to this amount and made some payments through bank checks from my personal account, but I still owe $128,300. I applied for a $250,000 mortgage loan in the name of the new owner and... View More
Jack Mevorach
answered on Jun 17, 2025
answered on Jun 17, 2025
Who presently owns the property? Are there any recorded encumbrances?
Jack
Q: Does NY mechanic's lien law prioritize liens if owner was aware and transferred property?
I filed a mechanic's lien on a New York property for $146,000 after the owner stopped making payments, which we had initially agreed upon. The lien was filed while I was a resident of New York and living at the same property, where I also worked as a laborer. The owner then transferred the... View More
Q: Can the laborer's compensation claim affect title transfer to my girlfriend?
As a New York State property owner, I transferred the title of my property to my girlfriend via a Warranty Deed after she signed a $250,000 mortgage and took sole responsibility for it. Her father, a laborer, claims he is owed $146,000 for extensive repairs over three years. I initially gave him a... View More
Jack Mevorach
answered on Jun 15, 2025
answered on Jun 15, 2025
The father posted a query here on Justia. I advised him to retain counsel. I suggest the same for you.
If you like, I am available to mediate the dispute. If a settlement can be reached, you will both be spared expense and grief.
Jack
Q: Can a NYS owner transfer title amid dispute over repairs and title promise?
As a NYS property owner, can I transfer the title via a warranty deed if a laborer (my girlfriend's father) claims monetary compensation for extensive repairs over 3 years? The laborer contributed $46,000 with the understanding that the house would be titled in his daughter's name, but it... View More
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