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Questions Answered by Jack Mevorach
1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for New York on
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
Jack Mevorach
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...
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2 Answers | Asked in Business Law for New York on
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
Jack Mevorach
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

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New York on
Q: How can I secure my rights to my mom's property and prevent her husband from evicting me?

I live with my mom and her husband in a residential property that my mom has verbally declared belongs to me should anything happen to her. However, I am concerned about her husband possibly evicting me and renting out the house for his own benefit, especially if he considers placing her in a... View More

Jack Mevorach
Jack Mevorach
answered on Apr 20, 2025

The verbal declaration means nothing. You can secure your rights in a number of ways - in writing.

Jack

2 Answers | Asked in Divorce, Real Estate Law and Family Law for New York on
Q: How can I remove myself from a mortgage for a property awarded to my ex-wife at our divorce?

I co-signed a mortgage for a co-op apartment with my ex-wife during our marriage. The apartment was awarded to her by a Divorce Decree in 2016. However, she is now about to default on the mortgage and won't respond to my calls or texts. I'm concerned I may also be held responsible for the... View More

Jack Mevorach
Jack Mevorach
answered on Apr 11, 2025

You'll need the lenders consent.

Jack

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2 Answers | Asked in Real Estate Law, Contracts and Consumer Law for New York on
Q: How can I terminate a property purchase agreement due to undisclosed defects and cooperative debt?

I entered into an agreement to purchase a property on [date of agreement], but I need to terminate the contract due to several serious issues. During an inspection on [date of inspection], significant defects were found requiring expensive renovations and posing health risks. Additionally, I... View More

Jack Mevorach
Jack Mevorach
answered on Apr 8, 2025

Generally, you'll need language in the contract in order to rescind it. Sometimes a statute or case will provide a way out.

Jack

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4 Answers | Asked in Appeals / Appellate Law, Personal Injury and Legal Malpractice for New York on
Q: Is it legal for attorney to base fee on original judgment after a reduction in NY?

I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?

Jack Mevorach
Jack Mevorach
answered on Apr 5, 2025

The legal fee is based upon the $500,000.00.

Jack

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2 Answers | Asked in Banking, Consumer Law and Contracts for New York on
Q: Is this Canadian loan offering with upfront payments legit?

I got approved for a $5,000 personal loan from a private lender in Canada. However, I have terrible credit, so they said that, as collateral at 18 percent interest, I need to make 4 loan payments upfront before they deposit the loan. They provided me with a contract and require the collateral... View More

Jack Mevorach
Jack Mevorach
answered on Apr 1, 2025

Sounds like a scam. Don't do it.

Jack

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4 Answers | Asked in Civil Litigation, Probate and Real Estate Law for New York on
Q: Who can I report an illegal property sale to, and can it be reported as stolen if family members without legal interest sold it?

My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More

Jack Mevorach
Jack Mevorach
answered on Mar 23, 2025

You can report the property as stolen. The District Attorney may prosecute, but probably not, saying this is a civil matter. You may want to file a civil lawsuit.

Jack

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2 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: Seeking pro bono attorney to sue dealership for stolen $20,000 down payment with proof.

I am seeking a pro bono attorney to help me sue a car dealership in Brooklyn, NY. The dealership premeditatedly stole my $20,000 down payment when I handed it over for a vehicle. I have evidence, including a canceled $20,000 cashier's check and another canceled check, that shows how the theft... View More

Jack Mevorach
Jack Mevorach
answered on Mar 15, 2025

Why not contingency?

Jack

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2 Answers | Asked in Arbitration / Mediation Law, Legal Malpractice and Civil Litigation for New York on
Q: Attorney suing for $100k in NYC after $150k retainer for unheld trial; need defense for overstated fees.

I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More

Jack Mevorach
Jack Mevorach
answered on Mar 9, 2025

My understanding is that they cannot skip arbitration. It's mandatory. After arbitration, any party can file in court. You may be able to have the lawsuit dismissed without prejudice and force arbitration.

Jack

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2 Answers | Asked in Business Law, Contracts, Mergers & Acquisitions and Employment Law for New York on
Q: Am I violating my separation agreement by giving a statement to Company A's legal team regarding events at Company B?

I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More

Jack Mevorach
Jack Mevorach
answered on Mar 4, 2025

"Respond to legal inquiries" but no subpoena? Consult counsel.

Jack

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4 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Do I need to go to court to remove ex-wife from home mortgage and deed in NY?

I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More

Jack Mevorach
Jack Mevorach
answered on Mar 4, 2025

Yes, unless she will do this voluntarily.

Jack

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2 Answers | Asked in Civil Rights, Libel & Slander, Criminal Law and Civil Litigation for New York on
Q: Am I required to return a police officer's call regarding a review I left about a business posting fake reviews?

I left a review on a business website, highlighting that the owner and their friends posted fake 5-star reviews. In my review, I warned customers about using credit cards with this business and accused the owner of being a scammer. I informed the owner I would report them to the FCC and that I am a... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

You might as well.

Jack

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1 Answer | Asked in Public Benefits and White Collar Crime for New York on
Q: Is using guardianship funds after death embezzlement in NY?

My stepson had guardianship over a person who received $28,000 in federal benefits, which was deposited in a bank account. After the person passed away, the money was supposed to go to the widow. However, my stepson is using the money, including for lawyer fees. Could this be considered... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

Possibly.

Jack

1 Answer | Asked in Contracts and Consumer Law for New York on
Q: Looking for NY trial decisions on fraudulent misrepresentation claims.

I am looking for New York trial decisions that support a plaintiff's claim of fraudulent misrepresentation under contract law. The case involves the plaintiff purchasing a service or product from a defendant in the Capital District region of New York, where the defendant made false statements.... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

There are various services that offer paid research.

Jack

2 Answers | Asked in Constitutional Law, Libel & Slander and Internet Law for New York on
Q: What are the legal risks of expressing opinions about Gaza and Israel on social media?

I am concerned about the limits of freedom of expression on social media, particularly regarding potential legal consequences such as defamation, harassment, or hate speech. My concern focuses on expressing opinions about topics like Gaza and Israel. Are there potential legal risks or specific... View More

Jack Mevorach
Jack Mevorach
answered on Feb 23, 2025

Expression of support of genocide and terrorism is unlawful. There is no First Amendment protection. Also avoid defamation, incitement and hate speech, among other things.

Jack

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2 Answers | Asked in Real Estate Law for New York on
Q: Which takes precedence when proving real property ownership in NYS, the deed or RP-5217 and TP-584?

Person A sold two parcels of land to Person B, a close relative, several years ago. I believe it was for $1 and other consideration. The govt forms correctly identified both parcels by tax map designation and address, and current property tax records correctly show Person B as the owner of both.... View More

Jack Mevorach
Jack Mevorach
answered on Feb 9, 2025

The deed.

Jack

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: What is meant by "disguised foreclosure"?

I own a house (free of liens) that an investor wants to purchase. The investor wants me to finance the property at a 30-year amortization, with a balloon payment due after ten years. The buyer wants to put language in the agreement that the deed is held by the title company, and if they default,... View More

Jack Mevorach
Jack Mevorach
answered on Jan 28, 2025

Don't do this. Jack

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can a landlord void lease if tenant passes away?

My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire end of June this... View More

Jack Mevorach
Jack Mevorach
answered on Jan 13, 2025

No. The tenancy passes to the estate.

Jack

1 Answer | Asked in Entertainment / Sports for New York on
Q: I have a complicated question that is private

Is this confidential?

Jack Mevorach
Jack Mevorach
answered on Jan 11, 2025

No. This is a public forum. A private consultation with an attorney is confidential. Consider using Signal. Jack

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