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Questions Answered by Michael David Siegel
3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Juvenile Law for New York on
Q: Can I be sued for negligence on behalf of my child?

My 10 year old son waa riding his bike on the sidewalk and accidentally bumped into a woman. The woman fell and scraped her elbow. My son got scared and left his bike and ran home. A few minutes later, I arrived at the scene and the woman's husband immediately began threatening to sue me. The... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 13, 2020

In theory you can be sued. Anyone can sue anyone. If you are, send it to your insurance company. If you have no insurance, you will likely not be sued.

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: I have a question regarding Bronx residents rights. My father passed in Oct. When him and I signed the lease 5 yearsago

Management knew that I wont be on the lease but id be living there as I went with him to sign the lease. I've done some research on squatters rights but iam unsure if it pertains to me. I'd like to stay with the apartment but would like to advise management. This building is not Section 8... Read more »

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

I am unclear if you have a lease at this point. If you do not, then you have no right to stay as you remain a month to month tenant. Why not just ask the landlord for a lease in your name to avoid trouble.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What are the consequences of an illegal basement apartment in Brooklyn?

I'm thinking of converting my cellar into a one bedroom "apartment". It will have a full three fixture bathroom, a kitchen fixture, a door connecting to the outside and most likely a 3x2 window to the outside. I'll be adding a fire alarm and a monoxide detector as well for... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 10, 2020

Why not just make it legal and convert your home into a two family? You are not correct about there being no inspections. Also, you cannot enforce a lease of an illegal space. It also will hinder any sale or refinancing. Finally, it violates your insurance, and could lead to a lack of coverage.... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: How long does it take to close on a house that was sold at auction? ( New York )

The property was auctioned on January 29, 2020 . As of today’s date July 10,2020 there has been no closing.

Michael David Siegel
Michael David Siegel answered on Jul 10, 2020

It depends on the sale terms. If a court foreclosure auction, the buyer usually has 30 days. But any auction is governed by terms of sale handed out at the auction.

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1 Answer | Asked in Estate Planning for New York on
Q: How can I see if an estate tax return was filed?

I am waiting to be reimbursed for the final expenses that I covered. The will stipulates that the estate will cover the costs. I paid the final expenses in April of 2019. My last correspondence with the attorney (about 6 weeks ago) was that because the decedent owned property in another country... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 9, 2020

You cannot see the returns. You can go to the court to see the file to see if the estate is closed. Did you file a claim? If so, you can petition to compel payment of it.

2 Answers | Asked in Contracts for New York on
Q: Does a counterclaim dismissal with prejudice mean that the defendant is no longer on the case if the plaintiff files it?
Michael David Siegel
Michael David Siegel answered on Jul 9, 2020

If the counterclaim is dismissed the defendant is still in the case as a defendant. It just has no claims against the Plaintiff.

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3 Answers | Asked in Real Estate Law for New York on
Q: my grandparents who are now both deceased the house is foreclosed. auction no one brought. can I call the bank?

the house went up for auction twice but didn't sell. can I call the bank and attempt to get the mortgage reinstated ?

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

No. But you can call up and offer to buy it with your own mortgage.

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3 Answers | Asked in Real Estate Law for New York on
Q: Hi, what happen if I break the commercial lease due to slow business due corona ?

can landlord go after me( my personnel asset ex: bank account .... ) if I break the lease again due to the slow business cause of corona

Michael David Siegel
Michael David Siegel answered on Jul 7, 2020

As we sit here, the NYC law was changed to nullify personal guarantees. Thus, the landlord cannot do so. However, there are constitutional and jurisdictional issues that make this law suspect, so it is unclear now what will happen. If you want to break your lease, now is the time to do so, as... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: In order to sell a family owned home in New York City, is it necessary to produce the original deed?

Assuming of course that the deed was properly filed with the City at the time of the original purchase.

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

You do not need the original deed. The recorded imaged deed is relied upon by buyers and their lawyers.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Can I break a comm. office sublease in NYC if I discovered the Cert. of Occupancy is for storage only, not office use?

It’s a hosting agreement, avoids the word ‘lease’, so perhaps not technically a sublease.

I never took occupancy.

Landlord was ok with us delaying start date due to Covid19, but now wants to begin term.

In researching NYC phase 2 Covid19 reopening guidance, I... Read more »

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

It depends on the terms of your lease. If you took "as is" and there is no representation that it is for office use, you might have problems. If there is such a representation, you have a defense if the landlord comes after you for the money.

1 Answer | Asked in Business Law for New York on
Q: Contract violation by a company in NY.

Contract terms state that the the violating party will handle lawyers expenses. Invoices have been sent regularly but the violatiing company does not respond. My company is register in MN but prefer the case to be handled in NY because the company is present in NY with multiple engagements/... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 1, 2020

Not really that novel a case. You can sue. Stated account claims are simple. Not sure if there are defenses. It is an hourly fee. Collection is always an issue, but if you do nothing, you get nothing, and that is the worst case scenario.

2 Answers | Asked in Bankruptcy for New York on
Q: I own a time share. Paid in full. I have received a note from the acting lawyer of a bankruptcy hearing(telephonic) .

To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?

Michael David Siegel
Michael David Siegel answered on Jun 30, 2020

Is the timeshare company bankrupt? Without seeing the notice I cannot opine on it, but maybe there is a sale of the property subject to all timeshare interests.

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1 Answer | Asked in Contracts and Business Law for New York on
Q: In a limited partnership, can the only GP file a Cert. of Cancellation, without the signatures of the 2 remaining LP's.

This a family LP between a Parent as the GP and 2 siblings as LP's. Can the parent and 1 of siblings file a Cert. of Cancellation without telling the the remaining LP sibling.

Michael David Siegel
Michael David Siegel answered on Jun 25, 2020

It is governed by the partnership agreement. It depends also on the percentage of ownership of each.

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: how to get my deposit back when the contract expired?

This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).

Michael David Siegel
Michael David Siegel answered on Jun 22, 2020

First, the contract will have terms. Second, if you are in the right, you may have to sue.

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1 Answer | Asked in Banking for New York on
Q: Almost $3500 was transferred fraudulently from my acc using zelle but BOA refuse to refund my money, what can I do?

BOA kept saying the device that was used was consistent with my device. I was at work at the time of transaction. I need help please.

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

You need to file a criminal complaint to start. As Zelle requires your device and password, the assumption will be it was your negligence and/or cooperation that caused it.

1 Answer | Asked in Real Estate Law for New York on
Q: My daughter signed an apartment lease @ a SUNY school for her senior year with other room mates. She now finds out that

all her classes will be online. Can the lease be terminated due to Covid-19 affecting her ability to attend school in person. The lease amount is in excess of $11k.

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

It depends upon the terms of the lease. Try to negotiate something now.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Can I be served papers that are dated 3 months back?

I was served papers by a debt collecting law firm, but the papers are dated December 30th, 2019, the Filing date is March 9th 2020, today is June 20th, 2020. I found the papers on my mailbox.

I don't know if these papers are valid, I have never spoken to this firm and we have never... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

Due to the PAUSE order of Gov. Cuomo, all deadlines for service were tolled, meaning based upon your post, service is valid "nail and mail" service. Do not ignore the paper. File an answer, and then negotiate with the attorney.

1 Answer | Asked in Contracts for New Jersey on
Q: My daughter’s wedding of 200 people to be held in NJ is supposed to take place on 9/5. The venue refuses to reschedule.

The room where the wedding is supposed to take place holds 275 people they feel the governor will allow 50% capacity by then which still won’t get us to 200 but they feel they can use the outter rooms to socially distance our guests. Of course that would also limit dancing as dancing would be in... Read more »

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

You need to start with your contract. The terms will govern. If you definitely want out, you may have to sue. You might call the NJ Governor's office to discuss your options.

2 Answers | Asked in Probate for New York on
Q: My mother in law and father in law passed away The house will go to the 3 sons if 1 son passed is his son entitled

To his portion

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

Yes, the pre-deceased son's share goes to his child, unless there was a will.

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1 Answer | Asked in Real Estate Law for New York on
Q: I had to pay a lien on house $42,000 in 2015. Now my mom wants to investigate again to get back that $42,000 can she?

I tried to get in touch with hpd and since then have not emailed or returned my call. I had to pay a lien on house $42,000 in 2015. Now my mom wants to investigate about why she was charged so much and never received a court case but was by default can she reopen the case five years later against... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 12, 2020

No. The time has long passed.

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