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Questions Answered by Toshinori Isoai
1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can you drive in New Jersey with a New York junior license?
Toshinori Isoai
Toshinori Isoai answered on Feb 17, 2021

You can, but you need to comply with the NJ law that applies to the similar license recognized in NJ. In NJ, the kind of your license is often referred to as "probationary license" (aka provisional license). As long as you drive in NJ, you should keep in mind the restrictions that apply... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: I have a conditional discharge in NY recently received reckless driving in NC Will this violate my conditional discharge
Toshinori Isoai
Toshinori Isoai answered on Feb 12, 2021

It's recommended that you retain a local "NC" attorney. Upon information and belief, reckless driving is classified in NC as a misdemeanor just like NY. If you get convicted of the charge, that means you have a criminal record, which possibly affects your conditional discharge. You... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My bf was pulled over when he passed a double yellow line but he passed it because someone was double parked

How can I fight this in or court or what should I bring to the courts attention

Toshinori Isoai
Toshinori Isoai answered on Feb 12, 2021

Your attorney will need to know what kind of ticket he actualy received. In NJ, moving violations are traffic infractions (even reckless driving), and Newark Municipal Court is a citizen friendly court. Your prosecutor is likely to reduce the charge to a lesser one, depending on the curcumstances.... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I legally charge to an additional tenant on an existing lease
Toshinori Isoai
Toshinori Isoai answered on Feb 8, 2021

You may not be able to do that as a landlord/owner under Real Property Law - RPP § 235, et al. You should be able to negotiate a termination of the existing lease with the trenant, addition of another individual to the lease along with increased rent amounts, assuming that there is no applicable... Read more »

2 Answers | Asked in Traffic Tickets for New York on
Q: Hey I get no seat belt ticket in New York but I have New Jersey’s driver license

I have to take a law to fight or just pay my ticket have 15 days

Toshinori Isoai
Toshinori Isoai answered on Feb 8, 2021

Assuming that you were issued a summons for not wearing a seatbelt as the driver without involving any children in the car or their own seatbelts, the charge is relatively minor. You always have the right to fight the charge but it largely depend son what your priority is. Keep in mind that a... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: What is a 1202b2 or bz and dig or dlg
Toshinori Isoai
Toshinori Isoai answered on Feb 5, 2021

That's a fire hydrant violation. You parked/stopped your vehicle within the prohibited distance of a fire hydrant. Fine only. Fine can be higher depending on several factors.

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1 Answer | Asked in Traffic Tickets for New York on
Q: What is the penalty for driving in Manhattan (nyc) with a junior drivers license?
Toshinori Isoai
Toshinori Isoai answered on Feb 2, 2021

Your junior license can be be suspended for 60 days if convicted of one serious traffic violation or two other violations and can be revoked if convicted of one serious traffic violation or two other violations within the first six months after restoration of your license subsequent to a suspension... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Are companies obligated to tell you what they are testing for in a drug test or can they test for something more?

It’s a private internship

Toshinori Isoai
Toshinori Isoai answered on Feb 1, 2021

It will depend on the State you are in. If you are in NYS, it's likely that your employer's (random) drug tests at work will be justified. They have the obligation to maintain health and safety for other employees. Although their action in response to a test result (expecially when... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a landlord in NYC, my tenant own 7 months of back rent,can I add authority fee for eviction case?

Tenant was given 60 days notice to terminate and will move to evict after, tenant sign hardship declaration form, can I challenge it in court?

Toshinori Isoai
Toshinori Isoai answered on Feb 1, 2021

Despite the termination notice, you won't probably be able to bring a proceeding against your tenant until at lease May of 2021 in NYC if nonpayment of the rent is the only cause for the prcoeeding (as opposed to the tenant's doing something illegal in the premises or banned in violation... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: Do speeding camera tickets in Montgomery, AL affect your drivers license?

I was driving through AL on the road trip from TX back to NY for school. Do speeding camera tickets from Montgomery, AL affect your driver's license points? I've read that it's a municipal action which is corrected when paying a fine to the city of Montgomery. I've also read... Read more »

Toshinori Isoai
Toshinori Isoai answered on Feb 1, 2021

If the violation is a speeding charge only, New York does not usually assess points onto your driver’s license for the out-of-state violation (unless committed in particular places in Canada). It won't be likely that your insurnace company will learn of your speeding violation from AL.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord for mold, property Damages?
Toshinori Isoai
Toshinori Isoai answered on Jan 26, 2021

We need clarification. Damages were caused to your personal property due to the existing mold, and you are trying to recover monetary compensation? Or you see mold in your apt, etc, which makes you sick, etc?

If the former, yes, but you need to establish all the elements to get recovery....
Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can my apartment complex tow my car out of a leasing office space if there closed for business

The leasing office closes at 6pm and towed my car at 10 pm

Toshinori Isoai
Toshinori Isoai answered on Jan 25, 2021

Yes, if you were not authorized to park your vehicle there regardless of the office's business hours. You can be additionally charged with an abandonment of a vehicle charge.

2 Answers | Asked in Real Estate Law for New York on
Q: We just sold our farm (not our permanent residence). Most equipment was still in barns and new owners said no hurry.

Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?

Toshinori Isoai
Toshinori Isoai answered on Jan 13, 2021

You will need to carefully review the terms and conditions of the contract. Generally, any personal properties must be removed out of the premises prior to the transfer of the ownership (usually the closing date) unless otherwise stated in the contract. If any non-fixture items are left on or after... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am looking to purchase a home with a tenant on a month to month land contract. What is the eviction process

The tenant is delinquent since November

Toshinori Isoai
Toshinori Isoai answered on Jan 5, 2021

You may need to review the lease between the current owner /landlord and the month-to-month tenant to see if the occupant is a month-to-month tenant. You may want to review the expired lease between the owner and the tenant.

The best way is to have the current owner to get the tenant our...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Does this only apply to renal spaces or does this also apply to owned spaces with the owner living in the space?

Referring to - 2006 New York Code - Unlawful Eviction - 26-521 Unlawful eviction

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: “Tenant will pay its pro-rata share of property tax increases over the Tenant's 2021/22 base year 20% of tax increase.

It’s a paragraph from commercial lease.

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.

3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... Read more »

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

It can cut both ways. If you have a good release form executed, you should be able to use it to fight the additional demand for the expenses. On the other hand, if the terms and conditions are too "loose," then you may need to fight all the way. Since it's already indicated that the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am renting a house and the landlord's husband say he is blocking my back door so I will now only have one entry way.

Can he do this?

Toshinori Isoai
Toshinori Isoai answered on Dec 28, 2020

We need more facts to better answer the question.

The answer mostly depends. Does your landlord need to block your way temporarily to make repairs, structural changes for safety for the building, etc? If not, you need to carefully review the lease as to what space constitutes the premise...
Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: can you ask for 2 months rent and 1 months security when renting a apartment in a private house in Nassau County, LI
Toshinori Isoai
Toshinori Isoai answered on Dec 8, 2020

Probably not. Under New York Law, “no deposit or advance shall exceed the amount of one month’s rent under such contract.” A landlord cannot not request advance rent payments or security deposits greater than one’s

month rent.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I take a management company to court, because they are charging me for a whole year or rent?

I broke the contract because I was getting away from an abusive relationship. I gave the company a 30 day notice and submitted proof of order of protections. I received a letter back stating that I was able to leave but they will stay with the deposit. Please advice.

Toshinori Isoai
Toshinori Isoai answered on Dec 5, 2020

From the question, I'm assuming that you had a lease but sent a notice to the landlord/management company and left the premises. Your lease needs to be reviewed carefully, but probably you will be deemed to have breached the contract by leaving without paying before the lease expires.... Read more »

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