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0 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My ex insults me, curses at me and criticizes my parenting via text, what will a judge do about this?

My ex is trying to modify our custody agreement to take final say away from me because I switched my son's school after we couldn't agree. ( I have final say-joint custody). He verbally abuses me via text constantly with insults, false accusations, cursing and more. I am wondering what I... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How does one verify Mediation Certification of a Court Neutral, in New York State?
Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Mar 24, 2023

If I understand your question, you have been assigned a mediator by a Supreme Court Alternative Dispute Coordinator in one of the counties. For a mediator to be selected to join a supreme court panel of mediators, they have to have completed several trainings and a thorough vetting process. The... Read more »

0 Answers | Asked in Criminal Law, Family Law, Animal / Dog Law and Domestic Violence for New York on
Q: I have an order of protection against my ex is NY state. He lied to the SPCA and said I wasn’t taking care of my horses

They came, they said everything was great A++ keep doing what I’m doing. Is this considering harassment by him? Or breaking the order of protection? Yesterday he was stalking me on Reddit and commenting on a post I made abojt dogs. I did report that ti family court.

1 Answer | Asked in Trademark for New York on
Q: Can I utilize a trademark that is 7 years old that is inactive
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 24, 2023

Maybe. You must consult with an attorney. The original owner may have rights to the brand.

1 Answer | Asked in Landlord - Tenant for New York on
Q: In Completing Tenant's Answer to Holdover Petition & Counter Claim, my defense is Succession Rights. How may I begin?

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... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 24, 2023

I gather you are a friend. You posted a similar question. I suppose you believe the home attendant living with a family for all those years, in a so-called non-traditional family relationship, and with no other place of her own to call home, and now aged 62, is entitled to a permanent property... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: No property, father had a will. Passed away in Nassau County but lived in Queens. suing for more than $350 do we need to

Probate the will to move forward? Lawsuit is over $350K

Jack Mevorach
Jack Mevorach
answered on Mar 24, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Child Support and Family Law for New York on
Q: Under what circumstances in New York can one file for a modification of child support?

Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 23, 2023

The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... Read more »

0 Answers | Asked in Criminal Law for New York on
Q: I have a charge of criminal tampering third degree times 5 and littering times 10. This is my first offense for this.

No property was damaged but the owner of this business had to clean up a mess. What is the likely outcome of this?

4 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Does my boyfriend have a claim to a house deeded to me?

I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... Read more »

Carl Nelson
Carl Nelson
answered on Mar 23, 2023

I am not fully understanding his theory that he would be entitled to anything from you. Was he paying the mortgage or something other than the $200 for expenses? I can’t imagine $200/month comes close to half the costs to operate a home. More details may be helpful or you could contact an... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... Read more »

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury...
Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: Bought house w/ bf Only I’m on deed. His down payment was bonafide gift. Venmos me his 1/2 mortgage.Can I kick him out
Jack Mevorach
Jack Mevorach
answered on Mar 22, 2023

Maybe. Have a free consultation with counsel.

Jack

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1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... Read more »

1 Answer | Asked in Child Support for New York on
Q: In new york can a judge order any amony they please for child support or must they follow the formula
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 21, 2023

Child support is based on a statutory formula up to the threshold. Beyond the threshold the amount is discretionary.

1 Answer | Asked in Estate Planning, Personal Injury, Medical Malpractice and Probate for New York on
Q: Help Please, Is it normal for trustee to force me to sign documents such like auto loan, mortgage loan and etc?

I had a medical malpractice settlement money when i was a minor. My mother didn't tell me about my settlement money until i found out by a family member at 30-year-old. From what i understand is that my mother created a trust bank account when i was a minor and she is a trustee of that... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 22, 2023

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... Read more »

0 Answers | Asked in Consumer Law for New York on
Q: Is an ice skating rink in NYC responsible for lost or stolen property?

A customer left Hockey gear in a storage space at the rink. On the rink website it clearly states that the rink isn’t responsible for lost or stolen gear. The customer contends that the rink is responsible. What is correct?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: My neighbor keeps tying his trees to my fence as when they are not tied they fall to the ground. There Is now damage

The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 21, 2023

If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: out of status on F1 visa for more than 6 months around 6 years ago and currently have a advance parole want to travel?

I want to travel outside USA on valid advance parole with EAD but stayed in USA on out of status on F1 visa in year 2016 for more than 6 months. Is there a problem for re enter in the USA?

Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

More information is needed. Are you in removal proceedings? Have you been given a notice to appear? How do you qualify for advanced parole? Are you an overstay in that you have been denied an extension or change of status? Have you engaged in unlawful employment? Are you married to a U.S.... Read more »

1 Answer | Asked in Divorce for New York on
Q: I am in NY. My husband filed and served me divorce papers. I do not want the divorce and therefore don’t want to sign.

He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 21, 2023

You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... Read more »

0 Answers | Asked in Traffic Tickets for New York on
Q: I received a failure to yield ticket. I pled not guilty, there was a large truck I had to move for. Should I fight it?

The ticket was issued a year ago and my hearing date is coming up soon. There was a 18 wheeler making a left turn towards me and I was making a left turn at this intersection. I had to move my vehicle out of the way so I wouldn’t get hit. As I was making my way around this truck to make my left... Read more »

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