This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case...View More
Another party and I drafted a simple sublease agreement for commercial office space. We reviewed all terms and made adjustments. We signed the document and the other party is now wanting to amend terms after sharing it with their attorney. Am I obligated?
Since the sublease is signed by you and the tenant, that is a done deal. How you deal with the new demand is a business decision. Happy subtenant or unhappy subtenant? A subtenant who walks away? Your subtenant has an attorney. You should as well.
There's a certain ex president that is being tried on fraud about lying about the square footage of their comercial realestate. but Louis Rossman exposed this SOME time ago that you can go anywhere on loopnet and show that commercial realestate listings and they lie about it all the time.... View More
This scholarship fund, established in 1990 with religion as a core value of the organizing family members, make nine annual awards to students who, among other criteria, are actively involved in community activities and who are affiliation with some religious organization. Are there legal... View More
If you believe that the court is acting improperly, you may be able to file a complaint with the judicial conduct board or another oversight body. You might also attempt to file your appeal in a higher court, but failure to meet deadlines may be problematic.
I’m currently in NYC with a G4 visa, employed by an international organization. I’ve spotted some business opportunities I’d like to pursue and have the green light from my organization’s Ethics Office. However, I’m unsure if my visa status allows for registering and... View More
Witness was a former employee who was fired at will and not for cause. Arbitrator based opinion solely on that knowledge and not on any presented statements that would lead one to conclude the witness held bias against their former employer.
In court proceedings, the credibility of a witness can generally be impeached upon a showing of bias, hostility, or the witness having an interest in the outcome of a court's decision. In arbitration, it could depend on the arbitration forum and the arbitrator. Arbitrations can sometimes...View More
This is something that an education law attorney could advise best on, but you await a response for a week. Until you're able to consult with an attorney who is experienced in education law, it's true that state constitutions may provide certain inherent rights. But as a general rule,...View More
Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.
I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be...View More
A patient was seen as a new Medicare wellness visit but had previously had one within the year by another physician unbeknownst to the office. So the claim was denied and the Dr. Wants to recode and resubmit.
In New York, a doctor generally can recode and resubmit a claim to insurance if the original claim was denied. However, the recoding must accurately reflect the services provided, and the practice could be subject to audit. Additionally, Medicare has specific rules and timelines for resubmitting...View More
The short answer is no. There is no law in NY that requires an employer to have an internal appeals process for disciplinary actions. Employers should establish personnel policies and practices that cover key areas of hiring, employment, discipline and termination, but it is not required.
Personal belongings as well as items of sentimental value. I have been paying for this unit for 3 years (since June 2020), over $8000 in fees. I had not visited the unit during this time as I was abroad, until June 2023, a friend went to my unit to start clearing it out and perhaps move my stuff to... View More
I sued nypd for 20k I signed the agreement On April 20th 2023,I was told it’s a mandatory wait of 90days an I still have not received payment and my lawyer is not giving any clear information on what’s happening just keep telling he didn’t receive a check yet
As caretaker for over twenty years living in in a NYC home in reverse mortgage, my client died recently. Because the three siblings stopped access to detailed information from the doctor's during my former client's dying days, I refuse to cooperate with them. Can they forcefully access... View More
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