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Questions Answered by Sandra M. Colatosti
1 Answer | Asked in Car Accidents and Landlord - Tenant for New York on
Q: I scraped my landlord's car on March 31st. I immediately checked the car and did not see any damage. More below.

She responded quickly and informed me she did not see any damage either - not to worry it was okay and would park better in the future. Last Thursday, an itemized estimate for car repair was left on my kitchen table without any notice, entering my apartment without notice. This is over 35 days... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 12, 2022

This is not really a landlord-tenant matter, although she should not have entered your apartment without your permission. You should tell her that you do not feel that you should pay the bill because it was agreed at the time of the incident that there was no damage to the car. If she,... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My mother agreed to sell her house to her nephew. He has broke all stipulations. Can she evict?

It was a verbal agreement. He quit paying her 4 months ago and now acts as if he owns the house. He even told her to find elsewhere to live. He has only paid a total of $2450 out of $75000. Did damage to the property without fixing it. He refuses to leave or pay. Can she evict him?

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 11, 2022

Assuming she has not actually deeded the house over to him, she can evict him.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I share apt w/ another person. I am going away for a month. Do I still have to pay rent? My name NOT on lease.

I am going away for a month, Share apartment with another person. Their name is on the lease, mine is not. This is not a vacation that I am going on. I feel like I should NOT be held responsible for my portion of the rent as I will not be incurring any expenses, nor will I be bringing in any income... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2022

While, technically, the person whose name is on the lease is liable for the rent, you should contribute to your portion of the rent for the month you are going to be away. If the entire rent is not paid, you could be subject to eviction as an occupant of the premises. You might want to look at it... Read more »

3 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 7, 2022

If you do not already have a custody order, you should file a custody petition in Family Court.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord evict me for opening our window? Says downstairs neighbors bill doubled due to this.

Our landlord has threatened to evict my family due to the downstairs neighbors electricity bill doubling, it’s spring time and we can’t even open our windows afraid of getting evicted.

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 5, 2022

How does your open window affect the downstairs tenants' heating bill?

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict because tenant stop paying rent for no repairs and cockroach infested we put our rent money toward

One of the tenants are disabled the other one has a asthmatic machine. So what can we do legally to get our electric back on because they shut it off. We put our rent toward cockroach sprays and bug killer and bait and traps

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 4, 2022

Your landlord can start a non-payment eviction proceeding. You would be entitled to a reduction in the rent for breach of warranty of habitability, but not necessarily the entire rent.

2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: 6 days no communication. Then had to ask two days in a row, 2 days before court if it was adjourned. It was not.

This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 1, 2022

You can explain your situation to the judge and ask to have a new lawyer appointed to represent you.

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My grandson has lived with me for 2 years...child support has been garnished from my son's paycheck going to the mother

Can I take her to court to get the support since I cared for him..

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

Yes, you can. You are entitled to receive support from both parents.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Will getting a lawyer help move my cps case along

I've had a cps case for the last 7 months, I've lost placement of my child for this time period. It seems that cps is doing nothing to move things along

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You should be represented by an attorney in the matter. If you cannot afford one, you can apply to have an attorney to represent you.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: How do I relinquish all responsibility for land received by forced inheritance?

My grandmother died a few years back and my father and three siblings inherited the property. My father no longer wants his share of the land but my uncle and aunts still want their shares of the property. What is the process to go about so my father no longer has any bearing to the land? This land... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

He can deed his share over to his siblings.

1 Answer | Asked in DUI / DWI for New York on
Q: My husband received a dwi in upstate New York 2 yrs ago while on vacation, then flew to England & got stuck due to COVID

While caring for ailing mother , he missed court date & now has a warrant . He plans to return to the states , Los Angeles , where we reside . How can he resolve this prior to leaving England?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

He should make arrangements to appear in court when he returns to the U.S. or hire so that the arrest warrant can be vacated.

1 Answer | Asked in Divorce for New York on
Q: I just need help getting a divorce. I'm on disability and have a very limited budget.

We haven't been together since 12/2011 and we weren't married even a year. Child support and custody are already done and we have no shared assets or money

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You should try contacting Legal Aid to see if they will represent you.

1 Answer | Asked in Criminal Law for New York on
Q: How many consecutive years can they give you?

If each of your crimes is punishable by up to a 1yr county jail time, how many of those can they run consecutive and if they run more than 2 consecutive would they then send you to prison instead?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You can only be sentenced up to one year in county jail for each misdemeanor. Sentences must run concurrently if each crime was committed by the same act. You cannot be sentenced to prison for a misdemeanor.

1 Answer | Asked in Landlord - Tenant for New York on
Q: served 14 day warrant of eviction , after she accepyed ny state erap money on my behalf

We had court in October of last year and we worked out an agreement, landlord has since received money on my behalf from ny state erap program and she wants to sell the place so she had me served with a 14 day eviction thats up this week, that was from our court date last october, but she accepted... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 26, 2022

Eviction is permitted if tenant defaulted on rent after period for which ERAP received.

3 Answers | Asked in Contracts, Estate Planning and Family Law for New York on
Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 23, 2022

Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person be given a notice or can a court order intending to evict residents be hung on your door?

A letter stating that a hearing will be held in our town at a courthouse located on a specified location on a date 10 days from today? Was left on my door

First question being can they hang that petition on your door or must be served to you by a state official?

Second question if... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 23, 2022

Looks like you were served with an eviction petition by substituted service which is perfectly legal and does not have to be served by a state official.

3 Answers | Asked in Family Law and Personal Injury for New York on
Q: My son was abused at george Jr Republic. I was advised by a judge to get a lawyer because i did testify on the record.

I did keep a journal of all his activities there. I also had the judge comment on why when there were incidents did the cameras not work??? True story

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 22, 2022

You should speak to an attorney?

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it illegal for my landlord not to provide mailboxes?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 19, 2022

United States Postal regulations require landlords of buildings containing three or more apartments to provide secure mail boxes for each apartment unless the management has arranged to distribute the mail to each apartment. Landlords must keep the mail boxes and locks in good repair.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in Brooklyn NY in a privately owned building can I install a ring camera on my apartment entry door

Facing another tenants entry door with out the landlords consent?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 19, 2022

I would get the landlord’s consent before installing it.

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