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Questions Answered by Victor M. Feraru
2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a text message that I have 60 days to move. I am 65 and disabled. Loved here 49 years. House sold $1 by my brother

To his daughter.

Victor M. Feraru
Victor M. Feraru
answered on Jun 21, 2023

The text message is not sufficient service but at least they are showing their hand (whoever served). You’d be best to lawyer up immediately to secure your rights which may include a buyout, or other items that would greatly reduce the impact of what is taking place with you. Time matters in... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: My landlord passed away and someone came and changed the locks on my apartment and I can't get in. What do I do?
Victor M. Feraru
Victor M. Feraru
answered on Jun 23, 2023

Call the police it’s an illegal lockout. Hire an attorney as soon as possible. Me and a number of others handle these matters regularly.

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1 Answer | Asked in Uncategorized for New York on
Q: I went on vacation putting the airbnb on my card and one person didn’t pay can I sue them?

It’s been a year of contacting the parties responsible and they have been saying they will pay back only to now be ignored by them

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

You can but depending on the amount owed it may not be worth it. Contact an attorney to assist!

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: My husband file divorce October 26, 2022. He have a lawyer. He forcing me to mutually divorce. I need lawyer.

I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.

1 Answer | Asked in Immigration Law and Criminal Law for New York on
Q: I was charged with shoplifting/ grand larceny yesterday. Can I leave Monday for a work training in Mexico?

I have not been arraigned. I received a ticket to appear on July 3rd but work has me out of the country from June 26-August 3. Will I have an issue traveling between the US and Mexico? I have retained a lawyer he was unsure if I could leave the country. I never was brought down to jail just... View More

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Depends on your conditions of release. You should be retaining an attorney as soon as humanly possible.

2 Answers | Asked in Sexual Harassment for New York on
Q: Lets say a Husband touches his wife sexually without concent and she tells him to stop and he stops. Is that a crime?

Is touching your wife sexually without asking a crime even if you stop when she says so

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Yes.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I have eviction hearing if I move out by giving off keys before hearing date can landlord ask for back rents In court

By court hearing date i am no longer in his apt no eviction possible what about back rent and lease has expired. Can bankruptcy help

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Hire an attorney, you’re still liable for the arrears but with an attorney this could be resolved. I handle these matters regularly.

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2 Answers | Asked in Divorce for New York on
Q: I filed a stipulation discontinuing action in my divorce under duress; is there any way to cancel the action and resume?
Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Handling this matter pro se is a minefield. Contact an attorney as soon as possible to assist you!

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How should a landlord handle tenants who threaten to commit suicide due to lease renewal being denied?

After the tenant was told their lease will not renew, Tenant then claims they now have an ADA disability. Full email quote below. We are allowing her to early terminate. Are we required to to address the suicidal comment?

"This act of retaliation and perhaps discrimination has... View More

Victor M. Feraru
Victor M. Feraru
answered on Jun 21, 2023

Honestly, from the looks of it, you have a very difficult situation. Under New York State law, you must relet the property even if the tenant breaks the lease. You may need legal advice and a consultation to fully explore your options. Frankly, you could report the utterance to police for a... View More

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How can I get forfeited security deposit back (more details below)?

I applied for a New York apartment, it was accepted, and I paid the security deposit. The application states that the security is forfeited after 2 weeks if a lease is not signed. This was on March 17th. We had agreed I could sign the lease in mid-April (no exact date). I had decided to go with a... View More

Victor M. Feraru
Victor M. Feraru
answered on Apr 5, 2023

They are illegally holding your security deposit as there is no such thing. Depending on the amount of the security deposit you should consider engaging an attorney on this as you’ve definitely been wronged.

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1 Answer | Asked in Civil Litigation for New York on
Q: This question is directed to Mr. Smollen. I added additional information to my original statements.

This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... View More

Victor M. Feraru
Victor M. Feraru
answered on Mar 25, 2023

You've asked this question in two places--this is a situation where you absolutely need an attorney. No ones position would change much, you have to present the facts of your case in a forum outside of here, retain an attorney of your choice, and handle this issue in Court.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: Can I use photos / text messages as evidence ? Instead of a police report

I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... View More

Victor M. Feraru
Victor M. Feraru
answered on Oct 6, 2022

Yes, but you'll (1) need counsel, (2) need to know how to present it to the court. Text messages are considered evidence in the right context.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: If Docket/Index numbers vary among a Warrant of Eviction, Notice of Petition, Petition... is that grounds for dismissal?
Victor M. Feraru
Victor M. Feraru
answered on Sep 29, 2022

I don't think it is. Although it shouldn't have been filed or served that way--it may, and I say MAY be a reason to delay. Generally, these errors happen and are easy to fix. You'd be better off not representing yourself in an eviction for a number of reasons.

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1 Answer | Asked in Criminal Law for New York on
Q: There’s an order of protection placed, then the person has a change of heart and trying to withdraw it, how this be drop
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

It depends on whether this is a civil or criminal order. The answers really depend on a lot of factual circumstances and the venue it's placed in.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord of rental building will not provide storage for items required to be removed from balconies during facade work.

The landlord of our rental building has informed us that exterior facade work under Local Law 11 will be performed for an undisclosed period of time. They are requiring tenants to remove all items from balconies during the entire time period, however long that may be (and in NYC, this could mean... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should engage an attorney who will work this out for you. It sounds like an issue of the landlord simply playing on people's weaknesses.

1 Answer | Asked in Child Support for New York on
Q: Can a noncustodial parent choose not to work full time?

My daughter’s father has a job working only 8 hours a week and he claims he provides a free public service of digging rocks and minerals and donating them, which he claims is at $20/hr loss to him and he really sells them “under the table” where the paper trail doesn’t lead back to him. I... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

Why haven't you retained counsel to handle these matters? Your attorney would be best suited to walk you through this information! Generally, it depends on what the temporary support order details.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Penalties for violation of the Federal, Food, Drug, and Cosmetic Act(FDCA), 21 U.S.C. Subsection 331(A)?

In receipt of psilocybin, microdose, from Canada to New York. The package was confiscated at US Customs but repackaged and delivered to the residence. Then a few days later a notice was received saying, ..."You will be receiving correspondence from our fines, penalties, and forfeitures branch... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should definitely be consulting an attorney. This appears to be what is known as a controlled redeliver.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

There are a number of ways to attempt to get an order of protection dismissed or modified. Your question would require a bunch of facts be described before you could have a real answer from me. I often help in these matters.

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3 Answers | Asked in Divorce for New York on
Q: do i need a lawyer to file for a divorce
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

I agree with my collegue. Many, including myself, make the process of divorce cost-effective and a lot less painless. The Court prefers attorneys do the work.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: I have an order of protection against my girlfriend, but would like to be able to see my baby. How can I do it?

We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You would retain counsel and get a carve out to visit the children. You should consider speaking to, and retaining counsel.

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