Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Damien Matthew Bosco
3 Answers | Asked in Landlord - Tenant and Tax Law for New York on
Q: How can a building be rented by one person and the land taxes be in another persons name? NYState?
Damien Matthew Bosco
Damien Matthew Bosco
answered on Jan 10, 2025

A renter usually would not pay property taxes but would pay rent unless a commercial lease states otherwise. Separately, sometimes one person or entity can own land, and another person owns a building that leases the land from the landowner. In that case, the landowner could still be the person... View More

View More Answers

2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: Can a person win a case without evidence? I had evidence and loss?

The contractor had no evidence, was not the person that did the work. I had all the evidence and a witness. The case was dismissed in his favor why?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Jan 10, 2025

There can be many reasons why a case could be dismissed. If the dismissal was a pre-answer motion, it could be due to jurisdictional reasons, improper service, lack of standing, or the facts outlined in the complaint do not support a viable cause of action. If you are claiming that the contractor... View More

View More Answers

2 Answers | Asked in Probate, Estate Planning and Real Estate Law for New York on
Q: Can a family member WAIVE THEIR RIGHTS TO A WILL inorder to put a deed to a home in another family members name
Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 30, 2024

If a family member wants to waive their inheritance rights under a will (e.g., to allow the property to go to someone else named in the Will), they may be able to do so by properly signing a waiver or disclaimer of inheritance. This does not directly affect the deed itself. It simply means that the... View More

View More Answers

3 Answers | Asked in Construction Law and Contracts for New York on
Q: contract signed on 6.24.2024 - still no luck with construction starting

hello!

i need some advice; i signed a contract with a construction company on 6/24/2024 and they haven’t started work yet. i keep getting told “next week” by the office manager but it always leads to excuses. i don’t know whether to ask for my $18,000 deposit back or if i have to... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 30, 2024

New York law does not set a specific timeframe for "goodwill" in contracts of this nature. Nevertheless, if the contract includes a clear start date or timeframe, repeated delays without a valid reason could breach the agreement. You may contend that their consistent failure to commence... View More

View More Answers

1 Answer | Asked in Uncategorized for New York on
Q: My coop says it does not allow proxy voting. There is nothing in the bylaws to state this. According to

2023 New York Laws

BSC - Business Corporation

Article 6 - Shareholders

609 - Proxies. Isn't a corporation REQUIRED to allow proxy voting?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 23, 2024

You may also want to check the certificate of incorporation for any restrictions on proxy voting.

3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 19, 2024

Find the company's contact information for copyright complaints (often in their terms of service or privacy policy). See if they will take down the photos. If that does not work, an option is to send them a formal DMCA takedown notice.

View More Answers

1 Answer | Asked in Estate Planning for New York on
Q: I have not received financial documents of a trust I am beneficiary of. How do I go to court to compel the trustee to

Send me those documents

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

Generally, if you are a beneficiary of a trust, and the trustee has failed to provide financial documents, you can petition the court to compel the trustee to provide an accounting.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Probate for New York on
Q: How do I cash a check made out to my deceased parents names

10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.

1 Answer | Asked in Uncategorized for New York on
Q: my dad is the trustee of an irrevocable trust, my sister forces him to make a will and he is not of sound mind (parkinso

He has parkinson's and dementia, been taking medication for hallucinations since 2014, my sister forces him and to go make a will under duress, and in her best interest!

Please help me, I don't know how to stop them, and they are doing many other illegal things!

Thanks

Vincent

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 17, 2024

Hello Vincent:

If your father is no longer of sound mind and is being coerced, you may need to petition the court for guardianship over him. This would give you legal authority to make decisions on his behalf, preventing others from taking advantage of him.

1 Answer | Asked in Uncategorized for New York on
Q: Question about legal fees.

I Am the executor to my father’s estate. We are in the final phase and I need releases from the beneficiaries. I have received all but one. I and the other beneficiaries have tried numerous times to no avail. It will now go before the judge for judicial approval at much more cost in legal fees.... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 15, 2024

While you can certainly ask the judge to consider charging the extra expenses to the uncooperative beneficiary, the decision ultimately rests with the court. Your attorney may be able to present the strongest possible case for this request during the judicial approval process.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Filing a DBD in NYC for clothing brand vs legal business name

I have a clothing brand that uses a different name than the business legal name which is an inc / s-corp. If selling goods online( own website with brand name) and "maybe" to retailers (brick & mortar) in the future, will I need to file a DBA for the brandname that appears on the... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

Generally, you would not need a d/b/a (an assumed name for a company) for...
View More

1 Answer | Asked in Health Care Law for New York on
Q: is there any regulations on operating a mobile ultrasound screening business self-elective

I am a registered ultrasound technician and started my own mobile ultrasound company. I have physicians who I contract with that lease my services. I understand all the Medicare rules and regulations for that service, but I am looking into providing ultrasound screenings to corp wellness... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

Hello!

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

New York regulations may require that certain types of...
View More

3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Jun 22, 2024

Hello!

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

A patient falling from a stretcher...
View More

View More Answers

1 Answer | Asked in Family Law for New York on
Q: As a removed administrator of my fathers N.Y estate, do I have to pay for the 2nd 1/2 accounting as a heir now.?

My niece is now administrator and refuses to pay for the 2nd1/2of my accounting. Isn't the estate suppose to pay for my accounting since I was removed?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Apr 28, 2024

Hello:

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

Thank you for asking your question....
View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello my name is Shariff I moved into my apartment December 21st of 2023 I found out I had a gas leak April 18th

Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Apr 20, 2024

Hello Shariff:

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

Thank you for asking your...
View More

View More Answers

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Is there a deadline or timeframe to file an Amended Certificate of Incorporation for a Non Profit in New York State
Damien Matthew Bosco
Damien Matthew Bosco
answered on Oct 12, 2023

There is no deadline to file an amendment.

A not-for-profit corporation may amend its Certificate of Incorporation from time to time by filing a Certificate of Amendment under Section 803 of the Not-for-Profit Corporation Law.

The document may contain any of the information that may...
View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.