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Questions Answered by Mitchell A. Nathanson
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?

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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?

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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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2 Answers | Asked in Bankruptcy, Consumer Law, Family Law and Banking for New York on
Q: Can my direct deposit funds be frozen by a judgment creditor, or is it except after being deposited into my bank account

I am a New your city retired civil servant. I'm a little confuse with the exempt law. Not sure if only federal funds deposited into bank account are protected, or all civil servant, city, state, and federal are protected.

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answered on Jun 7, 2017

Exempt funds that are co-mingled with non-exempt funds could be subject to a restraint as the entire account will be restrained up to twice the judgment balance.

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2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for New York on
Q: How long can we stop statute of limitation?

Hello.

I got injured during work and the employer promised me to pay for medical fee etc.

It has been 10 years but I have not got paid.

Also, the employer committed various misconducts which their attorney insisted that the statute of limitation was over.

(I filed... View More

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answered on Jun 7, 2017

Based upon the information you have provided it appears as if you have missed your day in court. Sorry.

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3 Answers | Asked in Foreclosure for New York on
Q: We are 2 months behind on our mortgage. Rate is 9.2%. Wells Fargo won't budge. Can law firms works with mortgage comp?

We were contacted by out of state Law Firms, but we are skeptical. Their contracts are misleading. If this is a good idea, we would prefer to work with a semi-local attorney.

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answered on Jun 7, 2017

Apply for a loan modification agreement.

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3 Answers | Asked in Estate Planning for New York on
Q: If I make a Last Will & Testament can I later change to a Living Trust instead?
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answered on May 30, 2017

Of course! Or you can have both. The inter-vivos trust deals with distribution of your assets within the trust while you are alive. The will governs the distribution of your estate assets upon your death.

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1 Answer | Asked in Traffic Tickets for New York on
Q: tickets: unlicensed operator, speeding return date 5/22/17. How can I avoid a warrant for late return?

I was in possession of a permit but driving after prescribed time. with no passenger. I forgot to send back the ticket with my plea. On 5/24/17 I sent it via mail. Will the court accept it? If a warrant already been issued how can I immediately vacate and have my plea accepted?

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answered on May 28, 2017

You should immediately go to the court where the appearance is required and post a bond. Your permit is likely to be suspended, but this will at least cancel the warrant pending your hearing.

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2 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My children inherited a house in extremely bad condition from their father. We're not sure the sensible steps to take.

The house is in rural Belmont, NY and is on 6 acres of land with great road frontage. As far as we know, the title is unencumbered. The neighbors are interested in buying the land and recommend that we have the house condemned. They told us - the tax accessment period ends in early June - so we... View More

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answered on May 28, 2017

The Executor of the Estate may make the decision to sell the house in "As IS" condition with the proceeds to be distributed to the beneficiary, even while the estate is being settled. A Real Estate lawyer in the area should be contacted. Try to get the neighbor to make an offer in its... View More

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2 Answers | Asked in Contracts, Divorce and Constitutional Law for New York on
Q: A litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional- can he refuse to apply the law?

If a litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional, can he refuse to apply the law? Or must he apply the law as written and the litigant then appeal or go to some other court? Thanks!

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answered on May 28, 2017

The Judicial branch has the power to determine constitutionality of a law. If a Judge determines that a law is unconstitutional, the law will not be applied.

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4 Answers | Asked in Business Law and Contracts for New York on
Q: Conflict of laws

2 parties are entering into a legal agreement for one party to present a seminar for the other party in a different state. The parties both operate in New York State but the seminar will actually be delivered in Maryland. Which state laws would govern the agreement, New York or Maryland?

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answered on May 28, 2017

If it is not set forth in the contract then the party commencing the action gets to pick the forum.

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3 Answers | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New York on
Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

If a litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional, can he refuse to apply the law? Or must he apply the law as written and the litigant then appeal or go to some other court? Thanks!

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answered on May 28, 2017

This is similar to another question previously answered. If a judge determines that a law is unconstitutional, the law will not be enforced in court.

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3 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Many years ago a PA attorney told us that we could force a sale of the property we own with another party. How?
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answered on May 26, 2017

In New York State a partial owner may commence a partition action against the other owners and a sale may be ordered with the proceeds to be split.

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2 Answers | Asked in Collections for New York on
Q: Is it enough to show a screenshot of my cell phone's inbound call screen to prove collectors are calling be at 5 in the

morning multiple times a week for the purposes of filing a complaint with the FTC for violating the FDCPA?

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answered on May 26, 2017

I would suggest that it is enough to form a prima facie basis for filing the complaint. As to whether it is enough to PROVE anything, that will be up to the Judge to decide.

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3 Answers | Asked in Civil Litigation for New York on
Q: Is there a specific order I need to file claims if I plan to file a criminal and civil suit against someone who caused

my injury?

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answered on May 26, 2017

You cannot file a criminal suit. This is in the jurisdiction of the District Attorney. If you believe you are the victim of a crime you must go to the police or the D.A. There is no order required as a prerequisite to filing a civil action. You must file a Summons and Complaint with the clerk and... View More

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3 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Q: the proceeding is my right to recover real property under my rent to own lease, her counter claim is that my lease is

fraudulent,they have given answers to my demand's and have requested discovery from me and want to inspect my original lease amongst other demands my only objection is the inspection of the original because she copied and pasted my signature from the copy, can I legally object ? and what would... View More

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answered on May 28, 2017

If both parties have a different copy of evidence, you have a right to object to their introduction and they have a right to object to your introduction. The court will determine which is credible.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What are the rights of an apartment co signer in upstate New York

Are they aloud a key? Can they enter without permission? Can they have a say in whom the tenant has visiting ? And can they say the tenant has to get rid of the dog that's on the Leese ?

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answered on May 28, 2017

The co-signor of a lease has the same rights as the other tenants to the lease.

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3 Answers | Asked in Real Estate Law for New York on
Q: People moved into my Long Island house in Jan.2017. I live in BK. I want them out. How can I do it?

I own a house in Suffolk County Long Island but I live in Brooklyn, NY

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answered on May 28, 2017

There are six District Courts in Suffolk County which have jurisdiction over landlord tenant matters, depending on the Town where the property is located. You should retain a lawyer who practices Landlord & Tenant Law in Suffolk County. Your lawyer may be able to resolve the matter without... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I live in a house in brooklyn i rent 1/3 of the house ground floor when the house is sold how long before i must leave
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answered on May 23, 2017

Assuming that the house is "legal", if you have a lease you are entitled to stay until the end of the term of your lease. Whether or not the house is sold, you must be served a 30 days' notice to terminate the tenancy if you do not have a written lease. If you stay beyond the... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: New York: Does a foreclosure attach to a property or previous owner?

Property is going to tax sale and has current foreclosure action by way of lis pendens. I need to know how to satisfy the mortgage if I pay the taxes.

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answered on May 23, 2017

A tax lien is a lien on the property. The purchaser at foreclosure will be in a priority position, depending upon the date of the lien.

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2 Answers | Asked in Estate Planning for New York on
Q: What is the customary fee for a power of attorney and a living will?
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answered on May 22, 2017

There is no "customary fee." While a power of attorney is a relatively simple form that follows statutory guidelines, a living will should only be prepared after a consultation to determine the wishes of a client. Lawyers charge differently for their time and experience.

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