Questions Answered by Mitchell A. Nathanson

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

2 Answers | Asked in Traffic Tickets for New York on
Answered on Jul 18, 2017
Mitchell A. Nathanson's answer
Yes. You have a right to a speedy trial. You should make a motion.

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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.

3 Answers | Asked in Real Estate Law for New York on
Answered on Jul 16, 2017
Mitchell A. Nathanson's answer
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 likely to purchase at foreclosure and you may have no rights to recoup your expenses.

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

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jun 29, 2017
Mitchell A. Nathanson's answer
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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Q: My offer got accepted and the seller signed the purchase agreement on Friday. How do I back out of the agreement?

4 Answers | Asked in Real Estate Law for New York on
Answered on Jun 26, 2017
Mitchell A. Nathanson's answer
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 contract are best known to her/him.

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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?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jun 23, 2017
Mitchell A. Nathanson's answer
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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Q: Can my Grandmother evict my Mother even if she has given my mother co-ownership of the property?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jun 22, 2017
Mitchell A. Nathanson's answer
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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Q: See below

4 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Jun 21, 2017
Mitchell A. Nathanson's answer
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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Q: I hired a contractor to remodel a basement apartment. He left my home in a dangerous shambles, can I sue?

3 Answers | Asked in Consumer Law, Contracts and Construction Law for New York on
Answered on Jun 20, 2017
Mitchell A. Nathanson's answer
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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Q: Does owning and renting out a home in New York State constitute doing business in New York State?

3 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Small Claims for New York on
Answered on Jun 20, 2017
Mitchell A. Nathanson's answer
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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Q: I live in New York and recently sold my house. My buyers still have not produced a commitment for the property.

2 Answers | Asked in Real Estate Law for New York on
Answered on Jun 19, 2017
Mitchell A. Nathanson's answer
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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Q: Are there specific things you need to put into a contract for it to be valid?

2 Answers | Asked in Contracts for New York on
Answered on Jun 13, 2017
Mitchell A. Nathanson's answer
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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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

1 Answer | Asked in Small Claims for New York on
Answered on Jun 13, 2017
Mitchell A. Nathanson's answer
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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Q: Can I sue in small claims court on behalf of my business?

1 Answer | Asked in Small Claims for New York on
Answered on Jun 9, 2017
Mitchell A. Nathanson's answer
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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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

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Jun 8, 2017
Mitchell A. Nathanson's answer
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. Or, the warrant has already been issued and you were told you had four days to vacate. In each of those scenarios, you cannot get 30 days, at this point, unless you have a basis for an extension....

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

3 Answers | Asked in Real Estate Law for New York on
Answered on Jun 8, 2017
Mitchell A. Nathanson's answer
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 closing.

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

4 Answers | Asked in Business Law for New York on
Answered on Jun 7, 2017
Mitchell A. Nathanson's answer
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 assets you know the business entity does not have, you may very well be personally liable.

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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 ?

2 Answers | Asked in Real Estate Law and Tax Law for North Carolina on
Answered on Jun 7, 2017
Mitchell A. Nathanson's answer
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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Q: I bought a house a year and half ago. The previous owners left farm equipment and yet to remove from my property.

3 Answers | Asked in Real Estate Law for New York on
Answered on Jun 6, 2017
Mitchell A. Nathanson's answer
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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Q: How long of a period before landlord are legal suppose to refund tenant security plus interest It has been 6 months.

1 Answer | Asked in Landlord - Tenant and Securities Law for New York on
Answered on Jun 5, 2017
Mitchell A. Nathanson's answer
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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