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0 Answers | Asked in Divorce for New York on
Q: How will substance abuse impact divorce? Also, my wife makes $180,000/year and I make $56,000/year MightI get alimony?

We have been married 5 years and both got our current jobs after marriage.

She wants me to leave the house but I've heard that it's a bad idea to do that so I have stayed. Is that true?

0 Answers | Asked in Child Support for New York on
Q: My ex never told me that our son joined the military at 18 and I just found out 2 years later.

My son reached out to me. I don't owe back support. I have paying them for 2 years and he never lived there

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for New York on
Q: Article 50 - Judgments Generally R5015 - Relief From Judgment or Order. be use on a 2 years 7month case?

The plaintiff case was dismissed for filling to comply with court order.

Charles Holster
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answered on Oct 3, 2023

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

1 Answer | Asked in Real Estate Law for New York on
Q: Sublease agreement binding?

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?

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 3, 2023

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.

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Business Law and Municipal Law for New York on
Q: Lying about square footage of commercial real Estate. The high profile case involving fraud. everyone on loopnet do it

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

Jack Mevorach
Jack Mevorach
answered on Oct 2, 2023

Have a free telephone consultation with counsel.

Jack

0 Answers | Asked in Business Law for New York on
Q: Can a New York Not for Profit organization restrict awards to applicants associated with a religion?

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

0 Answers | Asked in Real Estate Law, Criminal Law and Libel & Slander for New York on
Q: Can I sue neighbor for harassment after false reports to county and threats to call CPS over fence?

Neighbor reported to county over rats on my property. Exterminator found no signs of rats anywhere (they kept copy of letter from county).

False report to county of tall grass. Yelled over fence about not cutting grass while I was cutting grass.

No statute in village requiring... View More

0 Answers | Asked in Antitrust for New York on
Q: What is the best risk arb research publication

For Hedge Funds

1 Answer | Asked in Gov & Administrative Law and Probate for New York on
Q: How do I go above a corrupt courts head? Clerk would not even accept documents to file appeal making me untimely?

Probate court has violated every rule and law as well as executor even criminal I believe but I can't afford an attorney. What do I do?

T. Augustus Claus
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answered on Sep 29, 2023

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.

0 Answers | Asked in Immigration Law and Employment Law for New York on
Q: Can I register and operate businesses with a G4 visa?

Hi All,

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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Can an arbitrator deny a witness based on the belief that they hold bias?

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.

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

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

1 Answer | Asked in Education Law for New York on
Q: Per NY constitution, are all children of the state granted a public education, free of conditions (ie, vaccines)?
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

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

3 Answers | Asked in Personal Injury and Education Law for New York on
Q: In NYS state, should we sign a liability waiver that includes waiver of willful/gross negligence

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.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

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

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2 Answers | Asked in Insurance Bad Faith for New York on
Q: Can a doctor recode and bill insurance after receiving a denial claim?

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.

T. Augustus Claus
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answered on Sep 28, 2023

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

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1 Answer | Asked in Employment Law for New York on
Q: Are employers required to have an appeals process in place for disciplinary actions taken towards an employee?
Christopher Marlborough
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answered on Sep 28, 2023

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.

1 Answer | Asked in Child Support for New York on
Q: For Child Support in New York State, does cashing out an Inherited IRA count as income?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 28, 2023

The short answer is yes. Any and all income from any source is counted toward income.

0 Answers | Asked in Consumer Law for New York on
Q: Can I sue a storage company for theft of worth over 10k?

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

0 Answers | Asked in Criminal Law for New York on
Q: If I signed a settlement agreement & waited 90 days yet still haven’t received payment on a settlement, what to do next?

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can the family force access to a NYC decedent's home, in reverse mortgage status, where there are residents and no will?

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

Jack Mevorach
Jack Mevorach
answered on Sep 27, 2023

Have a free telephone consultation with counsel.

Jack

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