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Questions Answered by Toshinori Isoai
1 Answer | Asked in Real Estate Law for New York on
Q: Is my father entitled to the original paperwork ? Lawyer is giving a very hard time to give him the original paperwork
Toshinori Isoai
Toshinori Isoai answered on Apr 15, 2021

Yes. However, a lot of documents are filed online and executed electronically these days, so original vs. copy may not make a lot of difference, but if he wants the very original ones, and his lawyer doesn't respond, he should be able to obtain a certified copy too.

1 Answer | Asked in Business Formation for New York on
Q: I am interested in starting an e-commerce business and I am in Niagara County, NYS.

I am starting an online metaphysical shop selling crystals, incense burners and other merchandise. I’m wondering what forms I need to fill out to create a business name, if I should go sole proprietor or LLC, are there any resellers permits I need? And any other information that might help me.... Read more »

Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

It appears that you are going to start your own business. Answers to many, if not most, of our preliminary questions can be found online. Your entrepreneurial commitment may require a good amount of your time for research and verification of information.

1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: Can I get in trouble for trespassing on someone's land in New York but not doing anything wrong, just walking?
Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

The fact of "trespassing" will likely constitute "wrongdoing". Unless you meet the statutory conditions of "criminal" tresspassing, it's just a violation in NYS (you can get a ticket for a small fine).

1 Answer | Asked in Landlord - Tenant for New York on
Q: do i have to rent to a person with a ESA dog if no pets allowed is in the listing?

I have my house listed to rent with the post stating no pets. I have a person who is interested but has a emotional support animal.

Am i legally obligated to rent to them ?

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

To better answer your question, we need to know more details. The answer will probably be "It depends". Various factors must be taken into consideration for assessment such as "does the tenant have a disability?", "does s/he need the animal in order to use and enjoy the... Read more »

1 Answer | Asked in Animal / Dog Law and Federal Crimes for New York on
Q: Is pet flipping in New York State illegal?
Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

Assuming that this is a serious question, we recommend a review of New York Consolidated Laws, Penal Law - PEN § 155.05 where "Larceny" is defined.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord not paying heat, even though the lease states they are responsible to pay.
Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

You may want to contact your landlord about lack of heat in writing. If no action taken by the landlord in a timely manner, call 311 to report the violation. You can also sue the landlord for breach of warranty of habitability.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If you get a ticket with the wrong year,make,model and color of the vehicle is that ticket still valid.

The ticket that was issued has no reason why they pulled him over and all of the vehicle information is wrong except the license plate number can it be thrown out for this incorrect information?

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

To better answer your question, we need to know under what section the ticket was issued to you.

1 Answer | Asked in Traffic Tickets for New York on
Q: Hello I've received a ticket and I need advice

Hello I've recieved a ticket in homer ny on 281. I was driving a female and her child daughter from 29 Hudson st homer ny to 1551 rt 91 fabius ny. Along 281 I accelerated to 55 to early not being from here originally I don't know the roads to wall yet I continued to pass a slower mowing... Read more »

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

To better answer your question, we need to know under what section the ticket was issued to you.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

You can terminate him/her, but the retainer agreement with your attorney may say that you are responsible for the payment of the legal fee incurred in connection with your matter through the termination of the relationship.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Can you get a hardship drivers license in New York if you are 16.
Toshinori Isoai
Toshinori Isoai answered on Mar 15, 2021

More information is needed for a better answer. A grant of hardship privilege is based upon the finding of the statutory conditions and not just your age. But if you are 16 and in high school, you will not allowed any privilege if you just want to drive to and from a high school.

1 Answer | Asked in Traffic Tickets for New York on
Q: in a parking lot where the exit is one way. and i exit the wrong way. is that in violation if V&T law 1127?

the parking lot has an entrance and exit both are one way. i exited from the entrance. but was on correct heading on the street i entered. got a ticket with 1127 violation code which regards to driving wrong way on a street.

Toshinori Isoai
Toshinori Isoai answered on Mar 15, 2021

1127 (a) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.

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 »

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