i have a small buisness and cant afford to pay my employee and hes telling me that if i let him go hes going to sue me. he is an illegal immgarnt
answered on Apr 26, 2020
New York is an employment at will state, meaning that an employer can fire an employee without any notice at any time for any reason or even no reason at all. There are some exceptions to this rule, the details of which I recommend you discuss with an attorney as they can be very fact specific.
I’ve had my dog two years. We recently moved to Niagara Falls and yesterday he jumped the fence. Our local spca office has him. How do I prove ownership if he’s still registered with his previous owner.
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... View More
answered on Apr 26, 2020
This is a difficult question to answer without more detailed facts, such as who owned the photos, how did the nieces and nephews come into possession, did the previous owner of the photographs have a will? Legally, photographs are personal property, no different than furniture or a television.... View More
Since mid March the ballet school is not allowed to hold classes nor enter the premises for any reason. This will go on until at least May 15th, possibly longer. The 501C3 has limited resources and the landlord, the Commack school district in NY is asking for rent to be paid during the time the... View More
answered on Apr 25, 2020
To my knowledge the Governor has not stayed rental payments due to Covid-19. Practically speaking, the landlord cannot force payment at this time because the Courts are closed and all evictions are currently stayed. The rent may still be due, but the landlord does not have much recourse at this... View More
lease expires in 2021. I have been here over a year. Fairfield gave me a 3 month punishment if I leave. Do I have exemption for husbands disability.
answered on Apr 25, 2020
I'm sorry to hear about your predicament, this is a difficult situation that unfortunately many senior citizens face. Fortunately, New York law provides some relief.
Real Property Law 227-a states that where a tenant is 62 or older "there shall be implied a covenant by the... View More
I obtained a court Stipulation Agreement in December, 2019 directing tenants to vacate on or before May 31, 2020.
answered on Apr 23, 2020
Due to the Covid-19 outbreak all evictions in the state of New York are stayed until at least June 20, 2020. A plenary action may allow you to recoup use and occupancy for occupation of the premises after the agreed upon vacate date.
I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... View More
answered on Apr 23, 2020
You may be able to seek recourse through an Article 78 proceeding. It will be quicker and less expensive to apply for the next semester.
answered on Apr 25, 2020
This is a difficult situation faced by many landlords. Have you tried reaching out to the tenant to request written permission to remove the items?
Parents have a disabled daughter scheduled to attend grad school
answered on Apr 23, 2020
Currently all evictions are stayed as a result of the Covid-19 breakout.
answered on Apr 23, 2020
The Clerk of the Court should be able to provide you with access to the file.
We have a daughter together and we are newly weds sad to say just not fit.. Ready to say goodbye.
answered on Apr 22, 2020
Often, after the conclusion of a divorce, the marital home is listed for sale. Generally, the proceeds from the sale of a marital home are applied to the mortgage and other marital debts, the remaining balance is often divided between the parties.
We moved in May of 2019 and we noticed the windows in our living room were not installed properly. We wrote a email right away to the management company who took note of it and put it off we then continue to wright emails and phone calls to the management company who still to this day has not fixed... View More
answered on Apr 25, 2020
If you were physically injured you should seek a consultation with a personal injury attorney. As for the windows, a report to the local municipality may prompt your landlord to make the needed repairs.
Uncontested Divorce.. trying to figure out what documents actually need to be turned in. The divorce is amicable. My son lives with me, the father, and I am not looking for support. He is actually working a part time job and is well taken care of here. . don't want support payments from my ex... View More
answered on Apr 22, 2020
All parents have a support obligation until their child turns twenty-one (21) years old. Normally the custodial parent will not pay support, but the Child Support Standards Act ("CSSA") calculations for both parents are required. The Court requires divorcing parents to complete the... View More
I have rented my apartment last December in a coop I have a lease and in the rider specifically states that the <<sublessee waives any rights or benefits which may be derived from section 226 of the real estate property law nor the provisions of the emergency sublessee Protection act nor the... View More
answered on Apr 25, 2020
There is very little you can do as the courts are closed and all evictions are stayed. One possibility is negotiating with the tenant to reach a solution that works for both parties.
May sound a bit mad but im not looking to cash out here. I just want our building management to be more competent in making sure tenants do not throw garbage out the their window. There is tampons, menstrual pads, shampoo bottles, dog feces and other unsanitary things that probably shouldn't... View More
answered on Apr 25, 2020
You should contact your local municipality to request an inspection. If the municipality finds a violation the landlord will be forced to correct the issue.
They calculated my child support on that number and not the actual amount. I literally owe double what it should be. Can I fix this?
answered on Apr 22, 2020
Child support calculations can sometimes be addressed through motion practice or through the filing of a petition.
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... View More
answered on Apr 22, 2020
An estate representative, either an executor or administrator, should determine whether a tax return is necessary. The estate representative is responsible for administering an estate and filing any necessary tax documents.
Our children are 15 and 16. I've asked him numerous times to leave as I cannot afford a divorce at this time.
answered on Apr 25, 2020
Your landlord has to remove your husband from the lease. If there is domestic violence you can seek an order of protection, this could force your husband to vacate.
answered on Apr 22, 2020
Divorce is not cheap, but some services do exist for individuals with limited income. Your local bar association may be able to point you in the direction of a service you can afford.
I am legally married to someone that has given birth to a child by another man. I share legal joint custody of my daughter with her. The supposed father of the other child claimed that he has signed a birth certificate saying he is the father. I have been told by other lawyers that because I am... View More
answered on Apr 22, 2020
The presumption that a child born during a marriage is the biological product of the husband and wife is one of the strongest presumptions in the law. A birth certificate stating otherwise may be enough to overcome this presumption.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.