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 Daniel Michael Luisi
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can landlord decline to renew lease right after you have been complaining about services to the owner? Retaliatory?

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.

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can landlord declined to renew lease right after you have been complaining about services to the owner? Retaliatory?

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.

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord is asking us to pay half of rent

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

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

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...

Daniel Michael Luisi
Daniel Michael Luisi
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

2 Answers | Asked in Landlord - Tenant for New York on
Q: I'm a general manager at a restaurant that I opened back in now 2023 we have been having issues with the Landlord

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

Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

1 Answer | Asked in Contracts for New York on
Q: Verbal contract - client is backing out and unwilling to pay

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

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Collections for New York on
Q: I keep getting phone calls from what appears to be a deb collection service. What would be the best course of action?

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

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Landlord - Tenant for New York on
Q: If my rent was cashed month of lease termination June 10 2024 and rent accepted july 1 July 25 holdover is it dismis

Rent cashed by property management July 1

Saw my case 1st day July 25

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

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

Daniel Michael Luisi
Daniel Michael Luisi
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

2 Answers | Asked in Collections for New York on
Q: Am I financially responsible for a late charge on a medical bill if the doctor keeps sending it to the wrong address?

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.

Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: Signed a one year lease as a start to rent2buy situation. Landlord now won't let me move on or give back my deposit

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.

Daniel Michael Luisi
Daniel Michael Luisi
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.

View More Answers

2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

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

Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

2 Answers | Asked in Business Law and Libel & Slander for New York on
Q: I’m a CRE broker. A competitor is making false allegations about my conduct to a large developer to damage my reputation

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

Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

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?

Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

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.

Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

3 Answers | Asked in Real Estate Law for New York on
Q: My board conducts its annual meetings online and prevents new candidates from running. What are the legal options?
Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

3 Answers | Asked in Banking for New York on
Q: My bank closed my account for no reason ans there not giving me my money back
Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

1 Answer | Asked in Tax Law for New York on
Q: What is the max I could contribute to an individual ROTH 401K when my AGI is $24,000? Thank you
Daniel Michael Luisi
Daniel Michael Luisi
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

3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
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

View More Answers

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