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Questions Answered by Michael David Siegel
1 Answer | Asked in Contracts for New York on
Q: Hello I'm a plantiff in a civil court case in NYC. The Defendants lawyer filed a motion to dismiss. I submitted my answe

The judge said he will have an answer in 60 days. It has been already 70 days and no answer. I called the court building and was told the case is still active the clerk told me he looked in the file and the judge placed an empty answer page with nothing written on it. What am I to do? How long does... View More

Michael David Siegel
Michael David Siegel
answered on May 7, 2024

The court rules require motions to be decided in 60 days. It is routinely ignored and there is no enforcement mechanism. There is nothing you can do. However, as you are the plaintiff, it really does not matter. It will not impact the time for your case to come to trial, which is also quite... View More

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.

Michael David Siegel
Michael David Siegel
answered on Mar 25, 2024

If you owe the rent you need to pay or be evicted. While your lease will govern, most commercial leases have a provision that counterclaims must be brought in a separate case, like your claim the landlord killed your deal.

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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Michael David Siegel
Michael David Siegel
answered on Jan 26, 2024

This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More

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3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Michael David Siegel
Michael David Siegel
answered on Dec 11, 2024

The first answer is right. When you say that you are bogged down in probate court, your lawyer does not know what he/she is doing. You must get temporary or preliminary letters ASAP, which will be granted with this issue.

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2 Answers | Asked in Real Estate Law and Family Law for New York on
Q: who do we contact to confirm death of a parent in nyc and if there was a will or property left to next of kin?

my wife's estranged father died earlier this year (possibly June) in nyc. she is the only child and it is believed he lived in the coop her mother owned and is now deseased as well. if that is the case, would like to know if she has a right to that property.

Michael David Siegel
Michael David Siegel
answered on Dec 2, 2024

The easiest way to start this is to call the management company of the co-op and see who is listed as the owner and if anyone has approached them on behalf of an estate.

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1 Answer | Asked in Estate Planning for New York on
Q: Durable POA executed 2007 Guardianship estab 2011 Guardianship dissolved 2014 Is POA still valid?

Wife was POA as named by husband

Wife was Guardian of husband’s person & property

Michael David Siegel
Michael David Siegel
answered on Nov 20, 2024

It depends on the terms of the guardianship order. Typically existing POAs are vacated in the initial order, but not always.

2 Answers | Asked in Real Estate Law for New York on
Q: If my neighbor sold his home after he was made aware a year and a half ago that his fence was on our property

He offered us $1000 in the beginning and we declined.now the sale of the home is pending and he still hasn’t resolved it he refuses to give us his real estate attorney’s info so we can let the buyers bank who paid for the survey that their is a dispute . We put in a small claims complaint to... View More

Michael David Siegel
Michael David Siegel
answered on Nov 6, 2024

You are not doing this right. Small claims cases are for money damages, and cannot resolve boundary disputes. The boundary is the boundary, and the buyer will take subject to the same issues. You need to bring a declaratory judgment action in Supreme Court to deal with a boundary dispute.

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4 Answers | Asked in Banking, Elder Law, Estate Planning and Securities Law for New York on
Q: Is there anyone NOT afraid to sue FIDELITY INVESTMENTS for elder abuse and breach of contract/ fiduciary duty?

for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2024

I am not interested in suing Fidelity, but your mother should get the money released using your power of attorney. I would focus on that issue, and you may need a lawyer to prod the right people at Fidelity.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: Grandfather died on October 6. My mother who is one of 4 Children of his died October 15.

Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?

We... View More

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2024

I agree with the prior answer. However, you should apply to be administrator so you can control these issues. You (and your siblings if you have any) will inherit your mother's share whatever that may be.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: NYC-- who inherits the house?

Background: House located in NYC/Kings County

Characters: Mother (deceased), father, self, brother, half-brother

Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More

Michael David Siegel
Michael David Siegel
answered on Oct 13, 2024

The father likely inherits as the surviving spouse but the language in the deed will govern it.

1 Answer | Asked in Business Law, Health Care Law, Medical Malpractice and Small Claims for New York on
Q: Hello, I received a request for documents about a machine I sold to a spa owner?

Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2024

It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.

3 Answers | Asked in Collections for New York on
Q: Will they garnish if I’m making payments even if payments don’t meet “arrangement”

Need some insight here. I’m paying off a debt that has been with an attorneys office l. I’ve been making payments since 2023 on an agreed upon $500/month however I haven’t been consistent with paying that much but have been paying at least $100/ month. For context: debt was 15k I’ve knocked... View More

Michael David Siegel
Michael David Siegel
answered on Sep 14, 2024

Whatever deal you made is the deal you made. If you have no written deal, you are admittedly in default. If they have a judgment, they can garnish your pay. Not sure where you are in the process. Get a written agreement and stick to it. Keep track of your payments so you can prove it to a... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: During a storm a tree on my side of the property fell and hit my neighbors property what to do?
Michael David Siegel
Michael David Siegel
answered on Sep 13, 2024

Take pictures and call you insurance company. You should be covered if there was damage to the neighbor.

1 Answer | Asked in Foreclosure for New York on
Q: My grandmother's estate is being foreclosed on, I'm listed as an heir - should I get a lawyer?

I've received paperwork to my home, but I'm not listed on any deed, I don't own property - I want to make sure I will not be held responsible for my grandmother's estate and the property she owned that is being foreclosed on due to a reverse mortgage.

Michael David Siegel
Michael David Siegel
answered on Jun 12, 2024

You are just being named to clear title. You have no personal liability, and if you do not care about the property, do nothing. You will get other papers as the case proceeds.

4 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 bankruptcy over 10 years ago. Safe from any personal lawsuits? Or is statue of limitations involved?

Filed chapter 7 bankruptcy in 2013. 2024 have a personal injury lawsuit small award, can the bankruptcy court take it? It was Discharged in 2013.

Michael David Siegel
Michael David Siegel
answered on May 28, 2024

It turns on the date of the accident. If before you filed, it is supposed to be in the case. If after, it is not. However, by this time, no one likely cares.

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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

Michael David Siegel
Michael David Siegel
answered on May 15, 2024

You would need to bring a partition action in Supreme Court to get a court ordered sale. In that process, there would be an opportunity for settlement, including a sale on consent.

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2 Answers | Asked in Tax Law and Business Formation for New York on
Q: I started a NY apparel business some years back but never did anything with the business just the formation.

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done, all taxes filed for the business every year. and now want to apply for the certificate of authority/ resale license... View More

Michael David Siegel
Michael David Siegel
answered on May 13, 2024

Yes, because you would need to pay back franchise taxes for the years you did not do it. It would be easier to start over.

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4 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More

Michael David Siegel
Michael David Siegel
answered on Apr 15, 2024

It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.

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1 Answer | Asked in Real Estate Law for New York on
Q: I bought out the co-owner of my house. He had a lien on the house from American Express. I want to pay it off.

I wrote to the address on the court order and to their attorneys. Neither one replied. What else can I do?

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2024

Make a motion to vacate the judgment. That will get their attention.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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