We just signed a 22 month lease for an apartment through a 3rd party broker, but after moving into the apartment we discovered 1) the apartment is smaller than what the broker said (650 sq ft vs ~ 900 sq ft); 2) does not have the building door security that was claimed; 3) and the bedrooms and... View More 
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answered on Oct 6, 2017
The other attorney is for the most part correct, however I would add that if the misrepresentations were big enough to be deemed "material" and the habitability of the unit is in question you may have grounds to break the lease without penalty.
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answered on Oct 5, 2017
Yes.
I feel that my attorney has made several possible mistakes on my case, and I wanted to find out if there was a way I could see for myself, online, the steps and motions she has made, and the dates they were made, or must be made by in the future.
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answered on Oct 5, 2017
Go to the court's electronic filing website or call the clerk.
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answered on Oct 4, 2017
Notify the landlord, best to do it sooner than later. He may want to keep some of the money he incurred such as a brokerage fee, that's reasonable, otherwise he should be able to find a new renter without too much hassle and therefore his damages would be minimal so he should refund you some.... View More
I was driving in the bronx. I really didn't touch my phone. I only looked at my GPS so I can make a right turn. Bam I was pulled over by the NYPD. She told me to put both front and back windows all the way down. I did. She couldn't really see inside my vehicle. She was 3 feet from my car... View More
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answered on Oct 3, 2017
I regularly handle Bronx TVB cases. Electronic device tickets are very serious in terms of points, fines, and insurance ramifications. I can't guarantee an outcome, but if you send me an email with a copy of the ticket I'd be happy to discuss the case in greater detail.
I recently got offered a job outside of the state, which will start in November. I signed a lease in Brooklyn in August, so I will need to break the lease. I understand the situation is not ideal. I have not spoken to the landlord yet. What are my options at this point and how should I handle this... View More
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answered on Oct 3, 2017
A landlord has a duty to mitigate damages (i.e. find a suitable replacement tenant for the same rent or more), he may want to negotiate by keeping your security deposit, etc.) If you find him a suitable replacement tenant he really won't have a good argument for keeping your security deposit... View More
Questions is based on the mortgage lien recorded prior to the municipal tax lien. Please advise
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answered on Sep 29, 2017
Tax lien. Next question...
We need the proceeds to pay for her care.
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answered on Sep 29, 2017
The trust should be reviewed to see whether it can be decanted or not, there is a lot that would go into that analysis. I'm happy to review if you wish if you want to reach out to me privately.
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answered on Sep 28, 2017
The licensing body of the brokerage (SEC, FINRA for most securities) and the local realty association + state licensing division for real estate brokers have ethical codes that must be followed. Contact me directly (preferably via email) to go over the activity and I can give you an opinion.
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answered on Sep 28, 2017
You can appeal any decision, but getting your appeal heard is another story. A writ of certiorari may be required and the appellate court can deny the appeal if at the outset they determine there were spurious grounds for appealing. Get the decision reviewed by a competent attorney.
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answered on Sep 28, 2017
Depends. If it's a de novo review you probably want to stick with the attorney you've been working with since he has all of the trial facts and can tweak things, if it's only reviewing a specific narrow ruling you may want to find an appellate attorney with experience on that issue of law.
was wronged, can I still sue despite the waiver? I've been offered a buyout, but they want me to waive the right to sue for any and all past actions. I'm concerned about defamation, harassment, and emotional distress.
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answered on Sep 28, 2017
You cannot sue unless they deliberately and/or fraudulently withheld the information from you about the right to sue. That said, it still wouldn't be a clear cut case and possibly an uphill battle. Knowing more about the context here would be helpful, please feel free to reach out to me... View More
i want my money back but i can't reach him since he is not answering my email and phone call, i'm from new york but he lives in Florida
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answered on Sep 27, 2017
Probably best that you contact a local FL attorney to send a letter or initiate a legal action.
A NY retailer received $20K in credit card payments, and as a direct result, spent $10K in shipping. Only after, it was discovered the $20K was fraudulent. She is ready+willing to return the $20K. But this leaves her with a loss of $10K. Can she compel the bank or payment processor to make her... View More
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answered on Sep 27, 2017
If the retailer didn't have any reason to believe the charges were fraudulent and sent the shipments out in good faith then it is possible to settle with the bank / payment processor for the $10K incurred in good faith. As the other attorney pointed out there are criminal law issues present... View More
I only had a passport and no social card but they insisted they needed to have my physical card or get a receipt of request. I got the receipt from the ss office and the employer ask did I have a copy of my social card and I gave that to them and then they were requesting my passport. The company... View More
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answered on Sep 27, 2017
Acceptable forms of ID should be on the I9 instructions themselves. Read it.
My mother owns and a 3 family house that she made my brother and myself joint tenants with survivorship. My mom was a joint tenant too. This was in 2001 county records. I checked the county records recently and found a new document (2014) that is a life estate deed which my mom gave her portion of... View More
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answered on Sep 27, 2017
The granting of the life estate was legal, it may have nullified the prior agreement, a more detailed review would be necessary. It's unlikely that this is a tenant-in-common situation now, but you may want to seek partition or a declaratory judgment concerning title if it makes sense.... View More
we have let the landlords tried to fix the problem and even supplemented with our own services. we still have the problem and we still hear them in the walls at night. we have video and photo proof of them in the home even after 3 different exterminators have come. there is a history of mice... View More
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answered on Sep 26, 2017
That's uninhabitable by my standards and I presume most Judge's standards as well.
RODENTS
How Can I Get Help?
Tenants with rodent infestations should contact the New York City Department of Health & Mental Hygiene via City's Citizen Service Center at 311.... View More
My son was injured in an Indoor skate park.
My son won the case and was awarded money that was placed into a bank account until he turns 18. My son will be 17 next month ,he has a drivers permit and will go for his license or junior license (I honestly don't know how that goes)... View More
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answered on Sep 26, 2017
You need to carefully review the Infant Compromise Order and then determine what expenses the amount awarded before he reaches the age of the majority. If the custodian of the funds (usually you the parent) cannot access the funds beforehand for these purposes you may need to contact a guardian... View More
My FMLA paperwork is for intermittent leave to allow for frequent doctor visits and sick time due to a chronic serious health condition. Does my employer have the right to ask me for a doctor's note every time I take FMLA leave (even if just a few hours)?
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answered on Sep 25, 2017
Your Dr. should write a letter sufficiently detailing the type of things an employer can expect in terms of your absence. You may have some ADA claim here. If you would like to reach out to me via email privately we can discuss further.
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answered on Sep 25, 2017
Depends on whether he/she has an "exclusive" with the landlord. Generally you can go to whomever you want if you are the buyer / lessee.
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