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I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner about it for last month and now I am told I have to leave by September 30.
answered on Jul 26, 2024
In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional... View More 
I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner and now I am told I have to leave by September 30.
answered on Jul 26, 2024
If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to... View More
My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700... View More
answered on Jul 23, 2024
From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those... View More
when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...
answered on Jul 23, 2024
You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More
About a faulty pipe issue for 3 months now it has gotten so bad when I was called into the store there was sewage water everywhere ceiling paint falling down with water they kept telling me they will fix it and it only got more worse. I went in to clean up water and to take photos and I slipped on... View More
answered on Jul 23, 2024
It all depends on the exact terms of your lease. With commercial leases, the legal responsibility and liability for the premises is allocated by the terms of your lease. You may or may not be able to sue your landlord for personal injury and/or damage to the property, depending on if the lease... View More
I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More
answered on Jul 11, 2024
Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More
It started about 3 weeks ago. They call once a day every day except weekends and holidays. I've been noting the phone numbers since it's almost always a different number, but most begin with 800. I looked up the numbers online and it indicates the same company. Further research gives... View More
answered on Jul 8, 2024
You should not answer these calls. Instead you should note the times and dates of the prior calls, and the numbers (this can usually be downloaded on your phone bill) and have an attorney prepare a cease and desist letter. If collection attempts continue after that, you may have a claim for money... View More
Rent cashed by property management July 1
Saw my case 1st day July 25
answered on Jul 8, 2024
If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More
My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:
Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More
answered on Jul 8, 2024
At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More
I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.
answered on Jul 8, 2024
There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should... View More
Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.
answered on Jul 8, 2024
You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.
My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More
answered on Jun 5, 2024
Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More
A deal I was working on recently fell apart. The deal involved a co-broker who represented one of city’s largest developers and my firm. Co-broker is one of the top brokers at one of city’s largest firms.
Over the course of the transaction my client and I worked closely with the... View More
answered on May 7, 2023
If you can prove the co broker published the information to multiple parties and that you suffered commercial damage to your reputation as a result, you may have a defamation case. The challenge is usually proving that any loss of business resulted from the broker spreading false information, and... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More
My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.
answered on Apr 30, 2023
The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More
answered on Apr 30, 2023
Your attorney should review the board’s bylaws and the election minutes to determine whether the proper procedures were followed. Common violations involve lack of a quorum and invalid proxy votes. Be advised that you must file your lawsuit to challenge the election within 4 months pursuant to... View More
answered on Apr 30, 2023
The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More
answered on Apr 19, 2023
You need to contact the bank’s legal department through an attorney to determine the nature of the alleged violation, and to file an appeal with the bank’s internal compliance department. There are usually strict deadlines to follow and you may be prevented from filing a lawsuit if you have not... View More
answered on Apr 16, 2023
See here: https://www.irs.gov/retirement-plans/traditional-and-roth-iras.
Be aware that your deadline for contributions for the 2022 tax year is this Tuesday, April 18, 2023, so you need to make arrangements before then if you are looking to benefit for your 2022 taxes. If you have already... View More
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More
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