There is something called "nail and mail" service, which means another copy was supposed to be posted to your door. Thus, the mail will probably mean service was done. You have 35 days to answer, but do not wait until the last second.
I have rented, in Rockland County, NY, a small cottage, for more than 6 years, always paying early. There is a small shared wall in living room w/main house. The 6 month signed lease we had expired 05/31/23. Landlord emailed he agreed to renew, for 12 months this time. However, before he gave... View More
I am sure the buyer does not want you there. It would de-value the property to have a lease. Thus, if you have no lease, you are a month to month tenant, and can be evicted. There is no obligation to give you a new one. You might have some leverage to ask for a few dollars to leave peacefully,...View More
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage...View More
I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?
My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... View More
Even if there is a will, the next of kin must be cited, as the next of kin is a necessary party. Here, you do not know the next of kin, as it will likely be a cousin. Thus, the court is right. However, you can do your own search. Call the Polish consulate in NYC, and see if there are records...View More
You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant...View More
A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.
purchase an investment property in New york. There was a signed mortgage note for the loan. The note states the loan is subject to the laws of New York. In 2014 my sister learned of the loan and coerced mom to requesting repayment. The building was sold and mom accepted $100K, had the attorney... View More
Your sister very much has a claim. Given a lawyer was involved, this was very sloppy all around. An interest in real estate can only be altered with a writing. You have none. The mortgage remains of record.
Yes and no. It applies State law if the claim is not final in State court. If it has been made final in state court, then the bankruptcy court must honor the state court judgment. There are bankruptcy options to modify, etc., even if there is a judgment.
If these are wholly owned by you, you should be able to just change the membership agreement. If you are doing this to avoid creditors, it could be a fraudulent conveyance. Also, depending on how you carry the books, there may be tax consequences.
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... View More
If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.
My wife and I are reviewing a contract to buy property in NJ and we would like to retain the services of an attorney as soon as possible in order to handle the attorney review. We'd like to sign the contract today so we'd at least to retain somebody since we would have 3 days... View More
This is bread and butter work. You are posting on the NY board. I am admitted in NJ and NY. However, if you just call a local lawyer near the property (which you can find on this site or Google), it would be fine. Do not sweat it. Once you hire the lawyer, attorney review can be extended by...View More
I paid about 9.5k for a couple of applications. The attorney only completed 1 of them. I changed my representative. Now when I contact them, they tell me that since I changed representatives, they won’t refund me. Isn’t that unethical? They haven’t worked on the rest of my case, so why take... View More
Depends on what your deal was, and what an accounting would show. Very hard for $10,000 to make something happen here. You can sue, but it would cost a high percentage of the recovery unless others joined. For $10,000 you can do a small claims case in NYC, and see if anything shakes out.
A person I knew asked for a $400k investment with the promise of a return. Never materialized. Waited substantial amount of time before recording a lien for the $400k on his home in 2008. He would not answer the entire time so I waited. And now I was served papers last night and I am named as a... View More
I agree with Mr. Nelson as to why you are a defendant in this case, and what will result. However, as a matter of law, you cannot just record liens on property because you think you are owed money. Thus, I am not sure what you did, and how you did it. The problem is that there is a statute of...View More
PROPERTY LOCATED in AVERILL PARK NY what are my options as the buyer if the sellers agent was aware of an imminent lien was to be placed on the property but let me go into contract anyway only to have the closing being stopped the very day of the closing because a $75K lien was placed on the... View More
There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... View More
The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... View More
Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an...View More
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