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Questions Answered by Mitchell A. Nathanson

2 Answers | Asked in Traffic Tickets for New York on

Q: Send belt ticket requested date received a court date five years later

Is there a statue of limitation they said because they finally caught up

Mitchell A. Nathanson answered on Jul 18, 2017

Yes. You have a right to a speedy trial. You should make a motion.

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3 Answers | Asked in Real Estate Law for New York on

Q: Hello. The owner of the house that I live in died 2 years ago and no next of kin has come to claim the property.

No next of kin wants to pay the bills or maintain the property. I have been paying the water, electricity, gas, property tax and house insurance. How can I become the new ownwer?

Mitchell A. Nathanson answered on Jul 16, 2017

Understand that while you may be receiving a benefit for the utilities, you are likely throwing away money on the property tax and insurance. The mortgagee is likely to foreclose, otherwise there would be no reason for any beneficiaries to disclaim the inheritance. A speculator/prospector is... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on

Q: What charges can I face if I choose to evict a tenant from illegal basement.

Mitchell A. Nathanson answered on Jun 29, 2017

Whether or not you evict, you risk notice of violations for the existence of the illegal basement, which will require you to cure and pay penalties.

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4 Answers | Asked in Real Estate Law for New York on

Q: My offer got accepted and the seller signed the purchase agreement on Friday. How do I back out of the agreement?

There were some issues with the home which we realized after offer got accepted.

Mitchell A. Nathanson answered on Jun 26, 2017

Once the contract has been placed in the mail for return it is binding on all parties. You may rescind up until the time it has been accepted, so you may be able to act quickly. In any event, this is really a question that needs to be presented to your lawyer representing you as the terms of the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on

Q: So if lease is voided by no fault of the renter and has 90 days to vacate do I still have to pay rent?

Mitchell A. Nathanson answered on Jun 23, 2017

You need not pay rent, but you may be liable for "use & occupancy." Retain a local L&T lawyer to discuss your options, as more facts are needed and there is only so much advice a lawyer will post in this forum.

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1 Answer | Asked in Landlord - Tenant for New York on

Q: Can my Grandmother evict my Mother even if she has given my mother co-ownership of the property?

Grandmother gave my Mother ownership of the first floor of the house and is now trying to evict my mother.

Mitchell A. Nathanson answered on Jun 22, 2017

There is likely some confusion as to the ownership status, but in a partition action, one of the owners can force the sale of the premises upon an order of the court, which would thereby result in the eviction of other owners.

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4 Answers | Asked in Contracts and Real Estate Law for New York on

Q: See below

If a seller backs out of a sale for a higher price ,

What recourse does the buyer have after posting deposits, finance commitment etc.and during there due diligence period ...?

Residential sale ...

Mitchell A. Nathanson answered on Jun 21, 2017

If you have a signed contract you may file a Lis Pendens (Notice of Pendency) and commence an action for specific performance, assuming you did not waive your right to do so. If you have no signed contract, you have no recourse other than a return of any deposits delivered.

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3 Answers | Asked in Consumer Law, Contracts and Construction Law for New York on

Q: I hired a contractor to remodel a basement apartment. He left my home in a dangerous shambles, can I sue?

Hired a contractor to do remodeling of apartment. He left my home in a dangerous shambles, with live electrical wires uncapped in the ceiling, panels falling off walls, electrical outlet uncovered, gaspipe extended using water sealant to seal space between pipes. He used unlicensed people for... Read more »

Mitchell A. Nathanson answered on Jun 20, 2017

If you can locate him and/or his company, you should definitely sue for breach of contract and replacement damage.

You should also report to your local BBB so that others don't suffer the same fate.

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3 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Small Claims for New York on

Q: Does owning and renting out a home in New York State constitute doing business in New York State?

Small claims court will only take cases in which both parties live or do business in that town. Can a tenant sue in small claims court a landlord living in NJ but owning a house in a town in NYS?

Mitchell A. Nathanson answered on Jun 20, 2017

Another option is available if you are currently the tenant and have an issue against your Landlord you may proceed in Landlord & Tenant court.

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2 Answers | Asked in Real Estate Law for New York on

Q: I live in New York and recently sold my house. My buyers still have not produced a commitment for the property.

The commitment was due over 50 days ago and I am close to losing my lock in interest rate. My agent and attorney both tell me the file is in underwriting. What can I do???

Mitchell A. Nathanson answered on Jun 19, 2017

You must speak to your real estate lawyer in connection with the sale as that is the one who best knows the terms of the contract.

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2 Answers | Asked in Contracts for New York on

Q: Are there specific things you need to put into a contract for it to be valid?

Mitchell A. Nathanson answered on Jun 13, 2017

Whether written or oral, a contract must have four elements:

1) Offer

2) Acceptance

3) Consideration

4) Meeting of the minds

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1 Answer | Asked in Small Claims for New York on

Q: Me and my ex had a phone plan together under my credit He ran the bill up to almost 2300 dollars can I go sue him

Mitchell A. Nathanson answered on Jun 13, 2017

Sure you can. You will have to prove that your agreement was that he would reimburse you for his personal usage and then identify those charges which he incurred. I would suggest you go to small claims court if that option is available to you.

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1 Answer | Asked in Small Claims for New York on

Q: Can I sue in small claims court on behalf of my business?

Mitchell A. Nathanson answered on Jun 9, 2017

You may if the defendant resides in the same jurisdiction. However, unless you are a sole proprietor, the business entity may require attorney representation.

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2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on

Q: Landlord evicted us, went to court and we only have 4 days. Shouldn't it be a little longer like 30 days. I live in NY

We were evicted for failure to pay rent even though a charity was going to mail a check for our rent to her. We went to court and they gave us 4 days.. we need more time and we have 3 babies. Can't we get longer such as 30 days? I live in Troy NY I don't know why it won't let me change the location.

Mitchell A. Nathanson answered on Jun 8, 2017

It is difficult to determine what stage of the eviction process you are in from your question. It sounds as if you appeared in court and requested an adjournment and were granted four days, but you could mean that a judgment was issued and the judge stayed the warrant of eviction for four days.... Read more »

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3 Answers | Asked in Real Estate Law for New York on

Q: If an licensed inspector inspects a home finds nothing wrong can the buyers still submit bill for repairs after closing?

Mitchell A. Nathanson answered on Jun 8, 2017

The inspection is not relevant. Any post-closing bills would be subject to a survival agreement (or an escrow agreement). Absent such an agreement, the buyer is responsible for all post-closing repairs. The best person to speak with about the issue would be the lawyer who represented you at the... Read more »

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2 Answers | Asked in Traffic Tickets for New York on

Q: I was given another court date with a bond that was due the following day and I forgot to pay it. What now? Smh

Should I just go in? Is there a warrant now?

Mitchell A. Nathanson answered on Jun 7, 2017

Yes! Go in and pay it ASAP.

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4 Answers | Asked in Business Law for New York on

Q: A former client sued my business. If they win a settlement, but my business has no assets, can they come after me for

money personally?

Mitchell A. Nathanson answered on Jun 7, 2017

You do not indicate what type of business entity you were operating under and what type of a business. The answer, therefore, is "maybe". Also, a settlement would imply an agreement to resolve the issue, rather than a judgment issued by the court. If you make a settlemet agreement to pay from... Read more »

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2 Answers | Asked in Real Estate Law and Tax Law for North Carolina on

Q: I own a house in North Carolina but my main residence is new york. Do I have to pay north Carolina State income tax ?

Mitchell A. Nathanson answered on Jun 7, 2017

Income tax has nothing to do with home ownership, but rather a) income and b) residence. The best one to answer your question would be an income tax accountant in North Carolina.

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3 Answers | Asked in Real Estate Law for New York on

Q: I bought a house a year and half ago. The previous owners left farm equipment and yet to remove from my property.

I have offered to give them money for the trashed equipment but there is no answer. When can I take ownership?

Mitchell A. Nathanson answered on Jun 6, 2017

There is no way I can determine whether this issue was dealt with at or prior to closing, by a survival agreement or language in the contract. The proper person to respond to this inquiry is the lawyer who represented you on the purchase.

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1 Answer | Asked in Landlord - Tenant and Securities Law for New York on

Q: How long of a period before landlord are legal suppose to refund tenant security plus interest It has been 6 months.

Moving letter along with keys was sent to landlord lawyers office.

During the course of the move property was moved out of apt. door lock was change before deadline?

Mitchell A. Nathanson answered on Jun 5, 2017

You should have received the refund by now if there were no damages or arrears. I would suggest you send a demand notice to the Landlord and follow up with a small claims action, if necessary, assuming the deposit was $5,000 or less.

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