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Questions Answered by Jack Mevorach
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 Employment Law for New York on
Q: Can I disclose documents or their contents to law enforcement if bound by confidentiality by the Company?

As part of confidential settlement discussions for a whistleblowing retaliation termination, the Company provided documentation that both helped their case and hurt it. I have/had an attorney that for many reasons I have lost confidence in. Not only did the attorney not check with me before... View More

Jack Mevorach
Jack Mevorach
answered on Jun 12, 2024

Have you notified the company that the documents are being requested? Have you received a subpoena? Have you spoken with an attorney?

Jack

1 Answer | Asked in Construction Law for New York on
Q: Mechanic's Lien filed against my home - months after legally stipulated deadline (four months for single-family dwelling

We demanded itemization and notified them they'd filed a false instrument (they lied on the lien as to last date of labor/materials delivered - 4-5 months past deadline). It's a long story regarding the actual job and payments made, but the point is they had no legal grounds to file a... View More

Jack Mevorach
Jack Mevorach
answered on Jun 5, 2024

What is the amount of the lien?

Jack

1 Answer | Asked in Contracts, Elder Law and Land Use & Zoning for New York on
Q: Can my father's neighbor claim his land by adverse possession ?

My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he... View More

Jack Mevorach
Jack Mevorach
answered on May 31, 2024

Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.

Jack

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I need to assign my lease; my request was denied and I'm not sure if it qualifies as "unreasonable" per tenant rights.

I submitted a request to assign my lease (one-year lease ending on August 31st). My reason for request is that I have to leave the state for a job, and cannot continue living in the apartment and paying rent for the remaining months. I have not had any issues paying rent in a timely manner (or any... View More

Jack Mevorach
Jack Mevorach
answered on May 28, 2024

This issue usually presents itself in the context of a rent stabilized tenancy. It appears that your first choice is to temporarily sublet and then, if that's not possible, terminate early. Am I correct?

Jack

2 Answers | Asked in Employment Law and Civil Litigation for New York on
Q: I would like an Esq. to let me know if my case has merit.

As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k

Maurice C

Jack Mevorach
Jack Mevorach
answered on May 28, 2024

The statute of limitations for breach of contract is six years. You may be barred.

Jack

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1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Can my Father pay my Retainer Fees to Represent me in a Guardianship for him?
Jack Mevorach
Jack Mevorach
answered on May 24, 2024

Why is a guardian needed at all.

Jack

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Can my Father pay my Retainer Fees to Represent me in a Guardianship for him? Or is this a Conflict of Interest?
Jack Mevorach
Jack Mevorach
answered on May 24, 2024

It's a matter of "legal capacity." If your father has legal capacity regarding the payment of legal fees, why is a Guardianship needed at all?

Jack

1 Answer | Asked in Employment Law for New York on
Q: Contract question

I am employed by a contracting company (company A) which has staffed me as a consultant for a company (company B). I wish to leave company A and join a different contracting company that can staff me as a consultant for company B. The contract I signed with company A (several years ago), states... View More

Jack Mevorach
Jack Mevorach
answered on May 15, 2024

Maybe. It's a covenant not to compete and would be enforceable if a court decided it was reasonable in terms of duration and geography.

Jack

3 Answers | Asked in Real Estate Law for New York on
Q: What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?

I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped... View More

Jack Mevorach
Jack Mevorach
answered on May 15, 2024

A lawsuit for partition.

Jack

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2 Answers | Asked in Contracts and Criminal Law for New York on
Q: I wanted to buy a house in different county. I'm in kings county and the property in broome county both in New York.

I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More

Jack Mevorach
Jack Mevorach
answered on May 9, 2024

You can ask the District Attorney to file criminal charges.

Which court are you in, who are the parties, and what is the nature of the case?

Jack

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1 Answer | Asked in Consumer Law for New York on
Q: My venmo account has been frozen for years now and im still unable to transfer my funds out

Your account is currently frozen. Unfortunately, there are no further changes that we can make to your account. Additionally, there is no further information or detail I can provide about why your account is frozen.

The funds in your account will not be made available to you at this time.... View More

Jack Mevorach
Jack Mevorach
answered on May 5, 2024

What is the amount of money being restrained?

Jack

1 Answer | Asked in Civil Litigation for New York on
Q: What time limitations exist in filing a motion to vacate a 3215 default judgement, (pursuant to cplr 5015(a), (b), (c)?

Cplr 5015 (a), ground #1 Excusable default limits motion to one year after service of order. Are the other grounds time barred as well?

If the Default judgement was granted an inquest, does the inquest effect the time limit to file a 5015 motion? Does it run from the original order... View More

Jack Mevorach
Jack Mevorach
answered on Apr 19, 2024

5015 should provide the answer. Did you read it carefully?

Jack

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

1 Answer | Asked in Business Law and Contracts for New York on
Q: End user license agreement for Vipre lifetime licenses isn't specified in some parts.

At this point I've been referred to New York business law people for my inquiry. According to the Vipre company (computer security software) it was against their policy for me to buy a lifetime license from the original owners. I've looked at the EULA and it says that a license is only... View More

Jack Mevorach
Jack Mevorach
answered on Mar 5, 2024

I don't understand how a successor in interest (usually a purchaser) can go back in time and state that a lifetime license purchased from the original owner is invalid. I would start with that.

Jack

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

Jack Mevorach
Jack Mevorach
answered on Mar 5, 2024

Prior to closing of title, the Purchaser usually inspects the property the day before. If Seller is still in possession, that should have been addressed prior to closing. I have my doubts whether this transaction was handled properly.

Jack

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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

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