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New York Questions & Answers

1 Answer | Asked in Banking, Federal Crimes and Identity Theft for New York on

Q: I was a victim of identity theft. bank where card was opened is refusing to send me documents I am legally entitled

Is there any legal recourse? The bank has been dishonest multiple times, I have by mail requested the application which they approved in my name (spelled incorrectly and wrong mothers maiden name etc) and they are refusing to send me the application. According to government websites they cannot... Read more »

Michael David Siegel answered on Jul 21, 2019

The bank is right. If the card was canceled you have no damages. If you made a police report, then the police investigate the account, not you. The bank records are not yours, by your own allegation. You can sue and do a subpoena, but I am not sure what the suit would be claiming.

1 Answer | Asked in Animal / Dog Law for New York on

Q: I let a friend hold my dog I want her back but he refuses to give her back to me he got a microchip without my consent

I let him hold my dog while I was having family issues now he refuses to let me see her or get her, I have a notarized letter from the person I bought the dog from is it worth going to court to get her back? Or would I be wasting my time , I have a order protection against the friend due to a fight... Read more »

Benjamin Z. Katz answered on Jul 20, 2019

If he is refusing to give you back the dog you can bring a civil action to get it back or to recover the out of pocket expenses you incurred. However, it is best to retain an attorney and expect it to cost a minimum of few thousand dollars in legal fees and court costs. I am handling a matter now... Read more »

1 Answer | Asked in Divorce for New York on

Q: Two post divorce questions on housing and child support from a recently divorced dad

1. I divorced two years ago from my wife. We still co-own our home in Nassau County, NY but I have exclusive occupancy of the property. While we continue to split the mortgage I live in the home with my two children, for whom she has shared custody. I pay for all maintenance and repairs of the... Read more »

Lawrence Allen Weinreich answered on Jul 19, 2019

If you rent the home out, you may wind up in court with your wife asking that the house be sold as it is no longer the residence of the children and there is no reason she should pay half the mortgage on a place the children aren't living.

In regard to a change of "child support", since...
Read more »

1 Answer | Asked in Business Formation and Business Law for New York on

Q: Does a band under an LLC have to file a new LLC (i.e. foreign qualification) in every state they play a concert in?

Michael David Siegel answered on Jul 19, 2019

The short answer is no. But, there are tax issues in each state, and the matter will turn on the manner of payment. The most famous case on this involved the State of New Jersey against Lawrence Taylor the football player. The state sought to recover taxes for each game day in NJ based on his... Read more »

1 Answer | Asked in Landlord - Tenant for New York on

Q: Can a landlord retaliate against tenant for invoking their rights?

-Girlfriend and I move into motel room since November of last year.

-Owners want us to leave for July 4th and tell a few days prior

-We tell them that we have to give us more notice than that.

-They offer(via text) us another room smaller but more money .

-We... Read more »

Elaine Shay answered on Jul 19, 2019

Generally, a landlord is not precluded from commencing a nonpayment proceeding simply because of a dispute with a tenant over other issues. If the money is owed it is not retaliatory to simply demand payment that is due.

1 Answer | Asked in Landlord - Tenant for New York on

Q: Will my break lease history affect my current lease and credit?

I had break my lease twice from apartments years ago due to expensive rent and relocation. Will my break lease history affect my current lease and credit?

Benjamin Z. Katz answered on Jul 18, 2019

Your history of breaking leases is not generally tracked by credit bureaus or any other repository of information. However, if those incidents resulted in a judgment or collections activity your credit may be affected.

1 Answer | Asked in Landlord - Tenant for New York on

Q: What are our rights as landlords holding tenants for willful destruction of property?

Had a rent to own agreement with a couple who have split. She moved out he stayed on but recently stopped paying rent. We inspected the property and found dog feces throughout, they did not ask permission to have pets, animals were neglected and we had to call ani al control to have them removed.... Read more »

Benjamin Z. Katz answered on Jul 18, 2019

You are not limited to the security deposit by law. You can sue them for the costs to clean and repair of the house unless your agreement prevents it.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on

Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »

Benjamin Z. Katz answered on Jul 18, 2019

You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

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1 Answer | Asked in Animal / Dog Law for New York on

Q: can Someone claim a dog after a year even though no microchip and new owners have chipped registration and vet bills?

While walking dog which daughter had found over a year and vet checked for microchip twice

A women screamed you stole my dog!

Police came and pulled leash from daughters boyfriend and beloved dog gone. Do they have right to get dog back

Benjamin Z. Katz answered on Jul 18, 2019

If someone proves that they are the owner and that the dog was taken from them without permission they will be able to claim it for some time. If you want to challenge their claim you would need to litigate. I can go over the process with you.

1 Answer | Asked in Family Law for New York on

Q: What would be required if I wanted to get a passport for my daughter and the father is not around even with joint cust?

If the father was given the opportunity to see my daughter on specific days through visitation and is not following through. Would I be able to get my daughter a passport for vacation? He has not seen his daughter in over 8 months nor provided for her in anyway. Reaching out doesn’t seem to work... Read more »

Lawrence Allen Weinreich answered on Jul 18, 2019

If the father is not cooperating in getting a passport for the child, you will have to go to court and get a court order that allows you to make the application without him. As long as he is served with the court papers, the court can proceed without him if he fails to appear.

1 Answer | Asked in Landlord - Tenant for New York on

Q: What is difference between lease and rental agreement?

are they both same applicable to tenant rights?

Elaine Shay answered on Jul 18, 2019

Generally, what you call a document does not matter much. If it walks like a duck and quacks like a duck, it's a duck.

1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: If a patent attorney/agent accepts an inventor as a client, and the inventor then discloses his idea, and then further

....furthermore, while said idea has not been disclosed in public form, it turns out that the attorney/agent has accepted another client with the same inventive idea in process of being applied for - what is the attorneys legal obligation to 2nd client? Tell him that his idea has been "preceeded"?... Read more »

Kevin E. Flynn answered on Jul 18, 2019

Ideally, the process would not get that far. The attorney should ask each prospective client to say without disclosing anything proprietary what type of good or service have you improved? When the attorney learned that the second inventor was in the same space as the first client (possibly with... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Difference between I-485 and F-1 visa security checks?


I currently have a pending I-485 petition (EB2), with a current priority date. In 2009 and 2012, I applied for F-1 visa and in both cases, I got administrative processing for my "common name", which took a year both in 2009 and 2012. I was told that these were "FBI namechecks".... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Possibly. The fact that you’ve been here so long could help; you’ve been pretty well vetted.

1 Answer | Asked in Employment Law for New York on

Q: I'm being terminated and only paid 3 months of severance. How can I negotiate my severance package?

I work at a technology company in New York and have been employed for 2 years. I'm being asked to sign termination paperwork that includes a lump sum severance payment, worth around 14 weeks of pay. I don't think this is sufficient given that I'll need to leave the US afterwards.

Should I... Read more »

V. Jonas Urba answered on Jul 18, 2019

If you will need to leave the U.S. that sounds like a Visa / immigration issue.

Contact an immigration lawyer familiar with H1B or whatever type of work Visa you may have. Those lawyers emphasize or specialize in immigration issues.

No employer in the U.S. is required to pay any...
Read more »

1 Answer | Asked in Family Law for New York on

Q: If my Step Children’s aren’t return from the state of Florida by the time school starts what can their father do ?

Their father had a civil agreement with the maternal grandmother but the mother has intentions on keeping them . The kids been living in the state of New York two years and where removed out the mothers home by ACS in Florida because the home unsafe .Can their father file for emergency custody if... Read more »

Lawrence Allen Weinreich answered on Jul 17, 2019

If the children have been in NY for the past 2 years the father can file for custody however, don't expect a quick decision.

1 Answer | Asked in Real Estate Law for New York on

Q: I have a question about a lease and a property changing ownership

I have been on a month to month lease in NY in an apartment since December of 2018, and recently the owner sold the building to new owners. As I understand the closing is on July 26. The new owners are saying that I did not provide them with 30 days of notice that I was leaving the property due to... Read more »

Michael David Siegel answered on Jul 17, 2019

If it is a month to month lease, you do not need to give notice. The people are lucky you are leaving without a fight. They would probably pay you to leave.

1 Answer | Asked in Family Law and Child Support for New York on

Q: I have been on SSI disability for 9 years DSS is saying I owe them$11,000 dallors my kids are 27 and 26 my son married

Son has been married 5 years I use to have custody of my son for 4 years and this back child support this case is old

Lawrence Allen Weinreich answered on Jul 17, 2019

Unfortunately, child support has a statute of limitation of 20 years so DSS can go back that far. You should get a copy of what they say is owed and since when and take that information to an attorney and discuss it with them.

2 Answers | Asked in Real Estate Law for New York on

Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Elaine Shay answered on Jul 16, 2019

Any building in NYC that is used or designed to be occupied as three separate living units is considered a multiple dwelling and must maintain a multiple dwelling registration. However, if the property is a legal two-family it is not eligible to file a multiple dwelling registration and the use of... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: Home owner. How do I prove "guests"in my house received rental agreement 30 days prior


Elaine Shay answered on Jul 16, 2019

Why you are trying to "prove" something often influences how to go about proving it. In court, evidence has to be in admissible form but in other settings there is generally no such standard. Obviously, if you have a written rental agreement that would be useful but you know better what "proof"... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen

Michael Arbeit answered on Jul 16, 2019

Where did this happen (what County)? It is a Class A Misdemeanor (crime) punishable by up to 1 year in jail. Consult with an experienced criminal defense attorney for proper representation.

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