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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 Real Estate Law and Legal Malpractice for New York on
Q: Family member signed sales contract in NY for residential property 2 years ago and is deceased. This is in litigation!

Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More

Jack Mevorach
Jack Mevorach
answered on Jul 24, 2024

Is the estate represented by counsel?

Jack

1 Answer | Asked in Juvenile Law for New York on
Q: Can a camp director break someone's phone if one of the agreements is that phones aren't allowed?

My cousin went to an ultra religious jewish sleep away camp. one of the rules is that phones aren't allowed. We knew about this rule before hand but what we didn't know was that in the agreement its said tgat if they find a phone, they're allowed to break it.

While they were... View More

Jack Mevorach
Jack Mevorach
answered on Jul 24, 2024

Would you prefer the Bet Din to the NYS courts?

Jack

2 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Q: I'm a general manager at a restaurant that I opened back in now 2023 we have been having issues with the Landlord

About a faulty pipe issue for 3 months now it has gotten so bad when I was called into the store there was sewage water everywhere ceiling paint falling down with water they kept telling me they will fix it and it only got more worse. I went in to clean up water and to take photos and I slipped on... View More

Jack Mevorach
Jack Mevorach
answered on Jul 22, 2024

Did you review your lease agreement at any time during those three months?

Jack

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1 Answer | Asked in Estate Planning for New York on
Q: Hello, I have an existing will and I would like to make some minor changes to it in the form of changing bequests, etc.

Can I make these changes myself, or must I meet with a lawyer and pay a significant fee to make these changes? Also, I am a single person in NYC with no family in this country…can I appoint a lawyer to be my executor and take care of all details if something should happen to me? Thank you.

Jack Mevorach
Jack Mevorach
answered on Jul 16, 2024

This is not something to do on your own.

You could execute a Codicil or a new Will. An Executor could be named in either.

Also consider Living Will, Health Care Proxy and Power of Attorney.

Jack

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

I would think not, unless the agreement has a stated expiration date within it. Watch for Statute of Limitations.

Jack

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2 Answers | Asked in Employment Law for New York on
Q: I need help getting paid from company i did contract/freelance work for in 2023/2024.

I submitted 2023 invoice for 15,500 + 463.00 in expenses on March 14th,2024 and 2024 invoice for 15,000 + 457.00 in edpenses on May 12th, 2024. I have been emailing with CFO since May and keep getting told they are having cash flow issues, working with lenders/banks and plan on paying me,etc but... View More

Jack Mevorach
Jack Mevorach
answered on Jul 8, 2024

What is the total amount you are owed?

Jack

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2 Answers | Asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York on
Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More

Jack Mevorach
Jack Mevorach
answered on Jul 7, 2024

You may need a court order to resolve the situation.

Jack

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Signed a one year lease as a start to rent2buy situation. Landlord now won't let me move on or give back my deposit

Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.

Jack Mevorach
Jack Mevorach
answered on Jul 6, 2024

Do you have a Lease Agreement, Purchase Agreement or both? Funds usually cannot be both rent and down payment. It sounds like a peculiar situation.

Jack

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1 Answer | Asked in Real Estate Law for New York on
Q: Do I have an easement by necessity granting me access to my landlocked property?

The county road used to access my lakefront home doesn’t reach my property line; it ends about halfway through my neighbor’s property, at which point it turns into a private driveway that extends to my property.

The man who built my house over 100 years ago also owned the neighboring... View More

Jack Mevorach
Jack Mevorach
answered on Jun 21, 2024

Q: Do I have an easement by necessity granting me access to my landlocked property?

A. You may have.

Jack

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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