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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: How to respond to a Fourteen Day Notice for rent arrears from April 2024 in NYC?

I received a Fourteen Day Notice from my landlord stating that I owe rent from April 2024 to the present. During COVID in 2020 and 2021, I fell behind on rent and attempted to arrange a payment plan with my landlord, but he did not agree. I have made several back rent payments, and my landlord has... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s important to take the Fourteen Day Notice seriously, but you also have rights in this situation. Since you’ve been making partial payments and your landlord has cashed those checks, you should keep a detailed record of these payments and any communication you’ve had with the landlord.... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: Are there laws prohibiting traffic cameras recording speed and noise in Mill Neck, NY?

I received a notice of violation from a traffic camera in Glen Cove, NY. I am concerned about the legality of these cameras, particularly regarding laws in Mill Neck, NY, 11765. Are there current laws prohibiting traffic cameras that record speed, licenses, and noise in Mill Neck?

James L. Arrasmith
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answered on Apr 12, 2025

In New York State, including Nassau County, the use of traffic enforcement cameras—such as those monitoring speed, red lights, or noise—is governed by state law and local ordinances. While red light and speed cameras are permitted in certain jurisdictions, their implementation must adhere to... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Unable to attend court date due to conflicting international travel; facing obstruction traffic ticket.

I am facing a traffic ticket for obstructing traffic. I have made five court appearances, but the officer has only appeared once. Now, the judge has set a trial date on a day when I have a flight scheduled, as I must travel to another country for two weeks. What should I do to address this... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're in a stressful spot, and it’s understandable to feel caught between two important obligations. Since your trial date now conflicts with your international travel, the most important thing you can do is act quickly. **Contact the court immediately**—either by phone, in writing, or in... View More

4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: What are my options after a missed diagnosis of osteoporosis led to severe health issues?

In January 2025, I learned that a doctor missed diagnosing my severe osteoporosis 5 years ago. This has led to significant health issues, including back pain, loss of height, severe dental disease, and an inability to work. I am now receiving treatment for these issues from another doctor, but have... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 9, 2025

Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you... View More

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1 Answer | Asked in Real Estate Law, Contracts, Civil Litigation and Personal Injury for New York on
Q: Can I pursue legal action to recover my investment in property jointly purchased with my father?

I purchased a property with my father in 2000, where initially I was listed as a 1% owner, and my name was on the deed with the mortgage secured using his credit and my income. The funds for the purchase came from my personal injury settlement from a car accident, which I was instructed to gift to... View More

James L. Arrasmith
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answered on Apr 11, 2025

This sounds like a painful situation, especially since it involves family and such a significant financial investment. If you used your personal injury settlement to fund the purchase, and your name was originally on the deed and mortgage, that gives you a strong foundation to argue that you had a... View More

1 Answer | Asked in Domestic Violence and Civil Litigation for New York on
Q: Change temporary order of protection to permanent in NY.

I'm seeking to change a temporary order of protection to a permanent one due to ongoing harassment, abuse, and threats from the individual named in the order. The temporary order was issued eight months ago, but I'm unsure if it's still active. Recently, there was an incident... View More

James L. Arrasmith
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answered on Apr 13, 2025

You’re doing the right thing by wanting to protect yourself, especially after a recent incident involving police and medical documentation. If the temporary order of protection was issued eight months ago, the first step is to check with the court clerk where the order was granted to confirm... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law, Civil Rights and Real Estate Law for New York on
Q: Missed notice for court date, received eviction judgment; need advice for disability claim and ERAP application closure.

I received a 10-day eviction judgment after missing a court date I was not notified about. Despite having letters from my doctors confirming my disability, the lawyer stated that I am not disabled and have no pending ERAP application, which has been closed to the public since January 20, 2023. What... View More

James L. Arrasmith
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answered on Apr 8, 2025

You should immediately seek to file a motion to vacate the eviction judgment, especially if you never received notice about the court date. You have the right to request a new hearing if you can prove that you missed it due to a lack of proper notification. This motion is typically filed with the... View More

2 Answers | Asked in Contracts and Criminal Law for New York on
Q: Question about alleged cosigning agreement regarding a cow in New York.

I've been informed that my sister and I allegedly cosigned for an agreement stating my father would give a cow to a lady. Neither my sister nor I recall this agreement, and it supposedly happened when I was between 12 and 16 years old. The lady claims my father should sell the cow and give her... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2025

The experienced contract law and business law attorneys here would know these types of settings best, but your question remains open for almost a week, and you probably don't want this to escalate into a headache. You could reach out to one of them to ask about your best immediate actions. A... View More

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4 Answers | Asked in Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Is using various photos as reference for publishing art under Fair Use?

I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.

Some of the photographs... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2025

1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original...
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1 Answer | Asked in Banking and Contracts for New York on
Q: How can I remove myself as co-signer from a car loan in Canada?

I co-signed a car loan in Canada three years ago for a relative who needed help to get a car. The car loan appears on my credit as though I am jointly liable. I discussed options with the bank to get my name off the loan, such as paying off the car, selling it, or having my relative refinance under... View More

James L. Arrasmith
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answered on Apr 8, 2025

Removing yourself as a co-signer from a car loan in Canada can be tricky, especially if your relative is unwilling to refinance or pay off the loan. The first step you should take is to review the terms of the loan agreement. Without a copy of the contract, it might be difficult to fully understand... View More

3 Answers | Asked in Child Support and Family Law for New York on
Q: How long does it take for vacated child support orders to take effect in NYS?

On April 3, a support magistrate vacated my child support order because the mother of my child is no longer receiving public assistance. How long does it usually take for this change to go into effect in New York State?

Peter Christopher Lomtevas
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answered on Apr 7, 2025

We do not know as we are not agents of the executive branch of government. The inner working of support collections are a mystery to us.

However, based on prior client experience, changes go into effect immediately. However, the mother is free to file for child support and she will get it...
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4 Answers | Asked in Appeals / Appellate Law, Personal Injury and Legal Malpractice for New York on
Q: Is it legal for attorney to base fee on original judgment after a reduction in NY?

I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 7, 2025

It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More

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1 Answer | Asked in Real Estate Law and Public Benefits for New York on
Q: Can a remainderman add a spouse as joint remainderman in NY without affecting Medicaid look-back?

In New York State, is it possible for the current remainderman of a life estate to add a spouse as a joint remainderman if the life tenant is still alive and the original document does not mention anything about adding or changing remainderman? Additionally, I want to ensure that this change... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on New York State property and Medicaid law, adding a spouse as a joint remainderman involves several important legal considerations. Under New York property law, a remainderman generally has the right to transfer their remainder interest, which would include adding a spouse as a joint... View More

2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: Is it illegal to access an ex's old iPhone still signed into their Apple ID without permission?

I have an old, deactivated iPhone left behind by my ex, which still has her Apple ID signed in. We have no contact, and I have not been granted permission to access the device. I recently found out she was cheating on me. Is it illegal to access this device under these circumstances?

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Yes, there are computer crime laws that prohibit a person from “Intentionally and without authorization or by exceeding valid authorization, access or cause access to be made to a computer program, computer, computer system, or computer network.” This could be used to lay charges against you... View More

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2 Answers | Asked in Criminal Law for New York on
Q: Can I be charged as a bystander for encouraging a fight in NY?

I was a bystander during a fight where a girl is pressing charges against my friends. I knew the fight would happen and slightly encouraged one party by telling them to do it now or not at all. However, I did not participate in the fight. There was a rule against fighting, but it took some time... View More

Stephen Bilkis
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answered on Apr 4, 2025

In New York, it is possible for a bystander to face criminal charges if their conduct goes beyond passive observation and includes words or actions that encourage or provoke a fight. Even if you did not physically participate in the altercation, your statement urging one party to “do it now or... View More

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2 Answers | Asked in Divorce, International Law and Family Law for New York on
Q: How can I divorce my German spouse, married in the US, living abroad?

I want to get a divorce after being married for 4 years to a German citizen. We got married in the United States, and she currently lives in Germany while I reside here. We have no children or shared properties, and she has not been in the U.S. for over a year. Since March last year, we have had no... View More

Peter Christopher Lomtevas
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answered on Apr 4, 2025

The asker can file in New York if he has New York residency (not clear how many years are needed because we do not know how long the wife lived in New York if she did at all). The summons and complaint is served via an oversees process service company that will run into some money for translation... View More

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2 Answers | Asked in Civil Rights and Criminal Law for New York on
Q: Can I retrieve belongings with police standby despite a no contact order?

I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More

Stephen Bilkis
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answered on Apr 5, 2025

I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: Red light cameras in Franklin County, NY: count and location?

I'm conducting a research project on traffic regulation in Franklin County, New York. Are there any red light cameras currently installed in this county, and if so, how many are there and where are they located?

James L. Arrasmith
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answered on Apr 12, 2025

As of April 2025, there is no publicly available information indicating that Franklin County, New York, has implemented red light cameras. The Insurance Institute for Highway Safety (IIHS) lists several New York communities with red light camera programs, including Albany, Mount Vernon, New... View More

1 Answer | Asked in Banking and Consumer Law for New York on
Q: A bank teller deposited a check for $3,740 instead of $2,740; tenant wants to pay less. How to resolve?

A bank teller at a local branch deposited a rent check for $3,740 into my checking account. The check was actually written for $2,740, but there was an error in entering the amount, with the number intended to be 2 being entered as 3. This error resulted in the check appearing as $3,740. The check... View More

James L. Arrasmith
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answered on Apr 8, 2025

To resolve this situation, the first step is to get in touch with the bank where the deposit was made. Explain the error in the deposit amount and ask them to investigate. The bank might be able to reverse the excess deposit or correct the amount on their end. Be sure to provide all relevant... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I move apartments within the same county under my current LCA on H1B?

I am currently working from a remote location (home office) as per my approved LCA and H1B petition, which mentions my current apartment address. I plan to move to a new apartment approximately 10 miles away, within the same county and MSA. There are no specific employer policies about moving... View More

James L. Arrasmith
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answered on Apr 5, 2025

Yes, you can move to a new apartment within the same county and Metropolitan Statistical Area (MSA) without needing to file a new Labor Condition Application (LCA). The key thing is that your new home must still fall within the same area of intended employment as defined by the Department of Labor.... View More

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