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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, Real Estate Law and Family 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

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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

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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.

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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

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord leased my apartment to new tenants before my lease was up.

I paid rent at my former apartment for the full month of June. I moved in to my new apartment on June 15th. The broker who was showing my former apartment knew I was going to be moving before my lease was up. He told the new tenants they could move in early (June 24th). He sent me a text saying... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord has kept the rent for a period where the apartment was leased to another tenant, you have a legal basis to demand those funds be returned under Real Property Law Section 227-e.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If rent was accepted month of lease termination June 10 and rent excepted Before holdover court date July 1st court

Court date came July 3 can case be dismissed

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord accepted rent after serving a notice of termination or commencing a holdover petition, the case should be dismissed.

2 Answers | Asked in Employment Law for New York on
Q: I need help getting paid from company i did contract/freelance work for in 2023/2024.

I submitted 2023 invoice for 15,500 + 463.00 in expenses on March 14th,2024 and 2024 invoice for 15,000 + 457.00 in edpenses on May 12th, 2024. I have been emailing with CFO since May and keep getting told they are having cash flow issues, working with lenders/banks and plan on paying me,etc but... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

You need a strong settlement demand letter prepared based on the applicable state, local and federal laws. A professional attorney can help you negotiate just compensation and, if necessary, file a lawsuit to enforce your rights in court.

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1 Answer | Asked in Foreclosure for New York on
Q: Bank filed suumens comp.acclerate the loan on/05/15/2015then entert into mod.was not cond. That the statue of limitaion

Is restarted. On03/2023 defended defaulted can the lender start a new action.after f.a.p.a. went into law.and its passed statu lim.from first action

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 6, 2023

You need to have a foreclosure defense attorney look at your file to evaluate your options.

1 Answer | Asked in Tax Law for New York on
Q: I still haven’t gotten my tax return from 2021. I called the IRS and they said a random bank has it,what are my options?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 6, 2023

You can request an official, certified transcript of your return from the IRS.

1 Answer | Asked in Copyright for New York on
Q: Etsy asks me to contact a lawyer for being unable to process a counter notice

I am a seller on etsy. I filed a counter notice for an incorrect report

from a competitor on one of my listings that had received a DMCA from them.

The next day etsy sends me an email telling that they won´t process my counter notice.

They told me that I would need to... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 6, 2023

Have an IP lawyer look into the case to evaluate your options.

3 Answers | Asked in Trademark for New York on
Q: Is there a way to re- establish a trademark that I had but let run out at renewal or do I need to start over?

Currently, I checked and the history remains cancelled with no other application.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jun 18, 2023

You may file a petition to revive the trademark if you have sufficient legal grounds.

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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

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