Lawyers, Answer Questions  & Get Points Log In
New York Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello! I recently moved out of an apartment in woodhaven, 1 year prior to the official lease ending.

I received a verbal go ahead from the landlord. I signed my new lease to my new home on December 24th, however today I received a letter from a law office representing my previous landlord stating “you have, without permission of your landlord sublet/ and or assigned your rights of occupancy to... Read more »

Walter Sage Jennings
Walter Sage Jennings answered on Jan 28, 2022

Based on what you have described, we do not have enough information to answer this in full. But if you have left some occupant in the apartment who was not paying rent to anyone, you may still be liable for the rent, depending on what the facts. However if the occupant that you left in the... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: In NYS….. outside of NYC…….is there arrears assistance for NCP’s?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 27, 2022

No. ........................................... .

1 Answer | Asked in Divorce for New York on
Q: Is RJI needed for a mediated divorce in NY that has been signed and notorized by both parties?
Howard E. Knispel
Howard E. Knispel answered on Jan 27, 2022

An RJI is necessary for all legal actions. The agreement you signed is not the divorce judgment. You need to submit the appropriate legal papers, including the RJI. Contact an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a landlord in NY State have to serve notice to quit/cure prior to filing petition Holdover Recover Real Property?

Serving a 30 day notice together with rent demand isn't sufficient service to then proceed with a Holdover petition to Recovery Real Property? No notice to Cure or Quit ?

Elaine Shay
Elaine Shay answered on Jan 27, 2022

A rent demand is served in connection with starting a nonpayment case not a holdover proceeding. Since landlord's that are self represented are held to the same standards as those who retain counsel, avoid being penny wise and pound foolish and hire a local attorney to assist you with your... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I found a clump of some kind of hair in my can of beer. What should I do?
Tim Akpinar
Tim Akpinar answered on Jan 27, 2022

You could bring the matter to the attention of the manufacturer to alert them to a possible quality control problem. In terms of legal rights, you could preserve the clump and reach out to attorneys. However, attorneys are generally reluctant to handle such matters because they do not generally... Read more »

1 Answer | Asked in Trademark for New York on
Q: A bakery in Canada is bringing pita bread to the US market using my trademark name and logo how can we prevent them

How can we prevent them from copying my trademark brand name and logo

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 27, 2022

It will depend on what rights you have developed on the mark.

Consult with an attorney.

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: In nys can a nursing home take a life insurance payout to the nursing home resident if the spouse still thier home dies

My mom is in a nursing home. They are asking me to become her power of attorney. Her husband he still lives home is not doing well and will probably pass soon. The nursing home is trying to put my mom on medicaid to pay for her long term treatment. When her husband dies, will the nursing home get... Read more »

Toshinori Isoai
Toshinori Isoai answered on Jan 26, 2022

This has to be thoroughly examined and analyzed. Who is the beneficiary of the policy? What is the cash value (not benefit) of it? Whose house is her spouse living now? Medicaid application must be well cultivated and planned in advance because there is a cap for both income and assets of the... Read more »

1 Answer | Asked in Family Law for New York on
Q: What paperwork do I need to file with NYS Courts to vacate a temporary custody order that is in place?

I want to vacate a temporary custody order that was put in place in 2015. I want to file for full custody for my son. What paperwork do I need to file?

In addition because of this, I need to terminate the child support I am paying for children that are not mine. What paperwork do I need... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 25, 2022

A common misconception among family court survivors is that a form can fix things, hence the question about what "paperwork" to file. There is far more information needed and a consult with a lawyer may be necessary.

Initially, temporary orders of custody evaporate once an...
Read more »

2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for New York on
Q: a person hit my condo and caused an excess of damages above limits of there policy. How do I know there worth

It was considered there fault abs a lot of stress as it is taking extra long to complete because mgmt is failed to progress as well. It’s been 7 months abs still not complete- only a 2 month job.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2022

Investigators are generally able to identify those things, but in the absence of injuries, building/property policies could sometimes offer higher policy limits than vehicle policies carrying minimum statutory limits. Good luck

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: can someone be charged with 130.20 (2) if he is under 21 years old?

The person arrested is 20 years old, the crime happened when he is 20

Michael Arbeit
Michael Arbeit answered on Jan 25, 2022

Is the person arrested 17 years of age or older and is the c/w under the age of 17?

1 Answer | Asked in Landlord - Tenant for New York on
Q: my house was sold at tax auction , the buyers are threatening me with a lockout eviction . what are my rights?
Elaine Shay
Elaine Shay answered on Jan 25, 2022

If your house was sold at auction, you may still have time to redeem your interest in the property. With respect to occupancy of the property, the purchaser will have to obtain an order permitting you to be evicting and should not resort to self-help.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Based on that definition and the expectations of a fiduciary, does the client have a conflict of interest?

The client in your office is 1 of the 3 children whose mother just passed away intestate, owning only 1 piece of real estate and a bank account. The client has been living with his mother in the property and claims that he should be allowed to purchase the property from the estate, but at a lesser... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 25, 2022

I'm not sure if you are asking about New York. However, in New York, if the decent left no Will, the client can certainly petition to be appointed as Administrator. Personal representatives commonly have an interest in the estate assets that may conflict with other potential heirs. Those... Read more »

1 Answer | Asked in Child Support for New York on
Q: Is the legal father obligated to help cover rent in the apartment where the child is living ?
Howard E. Knispel
Howard E. Knispel answered on Jan 25, 2022

Parents are obligated to support their children. Usually the non-custodial parent is ordered to pay child support to the custodial parent based on income.

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: My mom dies after à home invasion, what is my rights. thank you
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 25, 2022

I'm very sorry for your loss. Whether you might have a viable wrongful death claim on behalf of your mother really depends on how and where the home invasion occurred. If your mother lived in a private home, apart from perhaps suing the intruder, you would not have many options. On the... Read more »

2 Answers | Asked in Divorce for New York on
Q: My divorce lawyer doesn't respond to my emails for weeks, then doesn't voice my concerns in court. What are my options?

My wife left our house with our 18 yr old daughter and filed for divorce. My lawyer is simply conveying messages back to me on what my wife is demanding. My lawyer isn't answering my questions or voicing my concerns/needs. My retainer is being bled dry while I only seem to get more... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 25, 2022

Court policy places undue pressure on the man to surrender his money and property and future earnings to the woman. Typically, the first to go are the children which the man loses followed immediately by child support. Then come the real and personal property awards. In some courts, for example in... Read more »

View More Answers

1 Answer | Asked in Education Law for New York on
Q: A memo signed and sealed by a professional engineer was rejected because the signature was next to seal and not inside

Does the seal need to be on top of signature or can it be next to it.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2022

I'm sorry your question remains open for three weeks. This could be something that a professional engineer would know better than an attorney. At this point, one option might be to contact the NYS Office of the Professions for Professional Engineering & Land Surveying to ask if they could... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Can I travel to Canada with a green card extension letter and expired passport?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

Get your passport renewed at your consulate general and then travel.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I take legal action against a current employer when I expressed repeated unsafe workplace activities?

Good evening,

I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.

I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... Read more »

Jordan T. Newport
Jordan T. Newport answered on Jan 24, 2022

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,...
Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to pay my landlord a fee for breaking my lease if other tenants in the home have made it uninhabitable?

Tenants who live in the same home have locked me out of the apartment, made verbal threats, and continually harass me. The home is no longer accessible for me and is threatening my safety.

Elaine Shay
Elaine Shay answered on Jan 24, 2022

If you have a written lease with your landlord, you remain responsible for your obligations, including rental payments, until the lease expires or is terminated with consent of both landlord and tenant. If you have roommates that you are on the lease with or whom you invited to reside with you,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.