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Questions Answered by Michael David Siegel
1 Answer | Asked in Business Law and Contracts for New York on
Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable

i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 18, 2020

It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is... Read more »

4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Michael David Siegel
Michael David Siegel answered on Sep 16, 2020

Liens are an "in rem" concept. There is no personal liability, even outside of bankruptcy. The lien must be paid to retain the property. Otherwise you can foreclose. While the bankruptcy is pending, you need stay relief to do so.

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2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 16, 2020

He will be liable. But, it may be covered by his insurance. Notify the insurance ASAP.

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2 Answers | Asked in Estate Planning for New York on
Q: is that a law that the administrator of a wrongful death case gets 50,000 automatically even if there is only $50,000.

After settling for $100,000 $50,000 was left from bills and attorneys so there was nothing left for me and my sister

Michael David Siegel
Michael David Siegel answered on Sep 15, 2020

No, it is not true. But, a surviving spouse gets the first $50,000.

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1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Family promised to continue 1/2 rate for childcare until return to work, still owe 1650.00 arrears won’t pay me..

I’ve been with family 2 yrs in March they decide that to keep me and not loose me they will pay me 220.00 per week until they go back to work ... they are now 1650.00 in arrears and since going back to work an additional 330.00...from 6 weeks ago ... I need the money owed how do I get it???

Michael David Siegel
Michael David Siegel answered on Sep 15, 2020

Call the New York state Department of Labor and file a claim.

1 Answer | Asked in Probate for New York on
Q: Someone told me I have to go to probate court. I don't know what this is. Can you tell me?
Michael David Siegel
Michael David Siegel answered on Sep 14, 2020

Surrogate's Court for the county where the person died. Clerk's number is online or in phone book.

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

What is the question? What do you want to accomplish?

2 Answers | Asked in Real Estate Law for New York on
Q: I believe I signed a bargain and sale deed to my sister under undue influence.

i owned the house with my mother as joint tenants with rights to survivorship.

The deed shows a sale for $800,000 but i never signed a contract. My sister showed up one day with the deed and talked me into signing.

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

You can sue to void the deed, but you are going to have an uphill climb. If you got no money, then that is the basis of your claim.

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1 Answer | Asked in Real Estate Law for New York on
Q: I started a case in New York and the property in Orange County, Florida Can I file a lis pendens in Florida and how?
Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

Although this issue is governed by FL law, you likely cannot. A Notice of Pendency is in the jurisdiction of the property. Depending on the case, there are other remedies, like an injunction, you could pursue in NY.

2 Answers | Asked in Real Estate Law for New York on
Q: Can property tax rise on a house after closing? Also, if we overbid how can we offer lower price w/o losing the deal?

We overbid on a property that was listed under market price for 425K with property tax if 4800/year. We are questioning why the tax is so low and if there is a possibility it may rise after closing

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

Property tax in NY can be reduced if the owner is a senior, a veteran or other categories under STAR. If you do not have those same reductions, then the tax will be higher for you. The title report will show if the owner has such benefits. Also, tax assessments can change based on the sale... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: We overbid on a house, are there any strategies to bring down the price we offered? It was our agents listing. See below

We found a property of interest in East Northport Long Island. Price on property was listed for $425K with property tax of $4781/yearly. This was also a listing of our agent. She informed us there are multiple offers since the property was priced below market value. We had offered 525K & they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 8, 2020

It depends if you signed a contract or not. No contract, just change your bid. If a contract you are stuck.

1 Answer | Asked in Real Estate Law for New York on
Q: My mom died no will can my brother claim the house and sell it with out me .the house is located in Brooklyn
Michael David Siegel
Michael David Siegel answered on Sep 5, 2020

Legally, no. But if he says he is the only kid, someone might buy it. You should apply to be estate administrator, which is easy, and stops any issue.

3 Answers | Asked in Estate Planning and Family Law for New York on
Q: Do I add child support settlement in a will or will the state continue to collect and pay to my estate?

My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 5, 2020

Your estate will succeed your rights to collect any judgment.

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2 Answers | Asked in Real Estate Law for New York on
Q: Can i be locked out of an apt. Ive been living in since Oct 2019? Lease is under my deceased hub's mother's name.

Very complicated story. Im gay. Husband passed away April 26 of this year of skin cancer. Was a very abusive relationship. I need more than legal help. I havent grieved his death because it was very abrupt and filled with anger. I always tried to stay out for as long as possible but came back a few... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 4, 2020

There are no lockouts in New York. Call the police ASAP. You may need to go to housing court ASAP.

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: i need help filing default or summary judgement regarding my quiet title complaint- dutchess supreme index 2020-829
Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

There is a big difference between the two. No lawyer is going to give you a tutorial. If you do not know what to do, hire a lawyer.

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3 Answers | Asked in Banking for New York on
Q: I'm not sure what the paper is called but he was in charge of his mother's accounts while she was alive

After our bank switched over to a different bank the existing account in his mother's name along with her boyfriends name was put under my fiancé online bank accounts. So he shows his account and then the other account.

Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

A power of attorney ceases on death. My guess is the bank does not know his mother passed. What to do depends on issues that cannot be discussed on a public internet message board.

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1 Answer | Asked in Banking for New York on
Q: Bank account questions, My fiancé has an account linked to him from his mother who has passed 2 years.

We have no further information then the bank on this matter however do not want to do anything with this money until we are guaranteed the money is ours. If you could advise us as to what to do with this it would be greatly appreciated. Thank you, Julia G.

Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

It depends on the size of the account and whether your fiance is next of kin. It also depends on what you mean by "linked".

3 Answers | Asked in Wrongful Death for New York on
Q: My father was on a motorcycle waiting at an intersection for a school bus with its stop sign out. He was hit and killed.

The driver was ticketed and charged with following too close, fined and that was the result. does this seem right? He does not get charged with killing someone?

Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

Whether to charge criminally is up to the police and DA. You filed this under wrongful death which is a civil lawsuit you can do, regardless of criminal charges.

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can I terminate an apt Lease me being the tenant?

I am married but separated. I moved out of the apt my spouse stayed there. On the 2 (now 1 year remaining) year lease there is my name and her name. We used my credit.

I would like to terminate the lease or at the least take my name off that lease. Is this something I can do? and... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 2, 2020

You cannot do it. The landlord is not responsible for your marital issues. If the landlord consents you can do it.

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2 Answers | Asked in Contracts for New York on
Q: I recently quit my job after finding out what and how I was selling is illegal. At the beginning of the job I signed an

NDA, . After quitting she said I breached the contract and she might pursue legal options. Can she do that if her entire basis of the business is not legal?

Michael David Siegel
Michael David Siegel answered on Sep 2, 2020

For the filing fee, anyone can sue anyone. Thus, she can pursue anything. Your question is can she win. The answer to that, based on your post, would appear to be no.

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