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1 Answer | Asked in Landlord - Tenant for New York on
Q: I offered him money 4 times and he refused it even get accepted for the ERAP fir back arrears now he's asking for money

Now he's asking for money to clean the apartment after refusing money from me 4 times I also have brand new appliances worth 1200 that did not come with the apartment.its just want to go there and get what I can.i have personal items in there along with my clothing and etc.i should not have to... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2023

Dear Niagara Falls Tenant:

In New York, it is against the law for a landlord to take hostage of a tenant's personal property even when the tenant did owe rent and moved out. Did you call the police or Legal Services?

1 Answer | Asked in Landlord - Tenant for New York on
Q: What rights do tenants have?

Just moved out of an upper apartment, landlord lived downstairs. We are being charged for things we have no control over. She was a nasty individual and we left because of her.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2023

Dear Rochester Tenant:

What are the improper charges? Any controversy over your entitlement to the return to you of the entire tenant security deposit begins with the mandated written itemization of damages (false, fake, or correct) delivered to you within 14 days after you moved out. If...
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2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My grandparents died and the house is still under their name, I need to put the house in my mother's name.

I also have to change the electric and water to her name and was told I needed an Affidavit.

Michael David Siegel
Michael David Siegel
answered on Feb 7, 2023

A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: We built a wall in my co op apt over 20 yrs ago. Now we receive an eviction notice for unlawful alterations. Legal?

We have passed our yearly inspection every year without a problem. We just paid off our mortgage at the end of 2022.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

An attorney would have to take a look at your proprietary lease and the applicable case precedents, as well as the record of other such alleged “violations” in the coop and the treatment which they received, when discovered, by the board or management. The defense of laches might also be useful... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Is it okay to have a dress code for men but not women in an office enviornment?

I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... Read more »

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: If a consumer contract is signed by both parties but was not written to the letter of the law, is the contract valid?

My fiancé and I signed a contract in Suffolk County NY to get married at a venue. We subsequently cancelled due to our new date (previous date 2/28/21 during covid restrictions) being more expensive and we were unable to afford the increase. We signed both new date (5/20/22) contract and the... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Hi there. I have a consular processing question for a spouse.

During the processing of the petition/green card, can the beneficiary leave their home country and work in a different country (other than the US)?

Lilia  Alcaraz
Lilia Alcaraz
answered on Feb 7, 2023

Hello New Yorker!

Yes, a person can travel to work in another country if they have the necessary visas, work permits, and fulfill other legal requirements of the country they are traveling to.

This advice only applies to a consular processing case where the intending immigrant is...
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1 Answer | Asked in Family Law for New York on
Q: I have a family court question I'm having issues with my childs mom we have joint custody of our daughte

she's constantly causing issues and has even tried getting me to give up rights and is refusing to let her see her grandparents and I need help with this

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 7, 2023

If there is a court order, she can not violate the terms of that order. But you need to review the wording of the order. Speak an attorney to see if you have a case for a violation petition.

1 Answer | Asked in Sexual Harassment and Libel & Slander for New York on
Q: An ex-friend made an imputation of unchastity against me. I have multiple records of harassment. How do I proceed?

An ex-friend accused me of adultery with her husband who she separated from. I have multiple text messages, and Facebook admitting to her slandering me to others as well as 3rd party sources and friends informing me of what she's said. It's my word against hers; how do I prove that I am... Read more »

Michael Diederich Jr.
Michael Diederich Jr.
answered on Feb 6, 2023

I suggest you hire a lawyer to write a "cease and desist" letter to your ex-friend. The lawyer will likely inform your ex-friend that publishing defamatory statements would subject your ex-friend to liability regarding any and all damages suffered by you. And that falsely accusing... Read more »

2 Answers | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law...
Read more »

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1 Answer | Asked in Contracts, Employment Law and Business Law for New York on
Q: Can a consultant sign documents on behalf of their client?

Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2023

A corporate resolution authorizing signature on whatever needs to be signed.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 6, 2023

You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.

1 Answer | Asked in Real Estate Law and Banking for New York on
Q: Can a bank claim escrow shortage but say you can't pay the entire shortage in full to raise payment

The bank is saying we're short in escrow $400 but also trying to raise our monthly payment by $8.78 saying we can't pay the entire shortage to remain at the same payment we have. We'd rather pay the $500 we're actually short to remain at the same payment but they're saying we cannot do this.

Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 6, 2023

Generally, yes because the shortage indicates the current monthly payments you are making are not sufficient to meet the escrow obligation.

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

3 Answers | Asked in Landlord - Tenant for New York on
Q: Can i get my security deposit back

My landlord for the last apartment I was in had a security deposit of $750 dollars. I paid this and lived in his apartment for over a year on a month to month basis for the same price of $750 dollars. I found a new apartment in December of 2022 and told my landlord about this on December 26th, and... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Feb 4, 2023

The landlord has a duty to decrease (mitigate) his damages. The landlord also has a duty to return your security deposit within 14 days of you vacating the premises. Landlord was supposed to deduct the cost of the damages that you caused to the apartment from your security deposit. Since your... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: What happens after you default mortgage 120 days
Scott L. Lanin
PREMIUM
Scott L. Lanin
answered on Feb 3, 2023

After your default for 120 days, your lender or the lender's servicer may elect to send you a default notice or a letter of acceleration. Accelerating the loan means that they are calling it as fully due and payable now instead of over the regular loan term. They may also send you a 90-day... Read more »

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2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I didnt get my security deposit back

I gave my landlord $750 for a security deposit when i moved into his apartment. When i left i asked about the security deposit and he didnt give me it back stating that i needed to give him 30 days notice of me leaving. I didnt sign a lease, and he did not inform me of this when i moved in, when i... Read more »

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

Dear Manhattan Tenant

Your landlord owes you double the $750 security deposit because your landord did not provide to you written itemization for deductions allowed by law within 14 days after you moved out.

You could file an online complaint with the NYS Attorney General or sue...
Read more »

2 Answers | Asked in Traffic Tickets for New York on
Q: Court replies to mail in plea agreement under the offer section is the word cover. What's does cover mean?

I Pleaded not guilty by mail to a speeding , unlicensed operation, improper plate in Buffalo New York. The reply was a offer to reduce the speeding to a non-moving violation, disobeying a traffic device. under the offer section pertaining to the two charges of unlicensed operation and improper... Read more »

Susan Michelle Veltry
Susan Michelle Veltry
answered on Feb 3, 2023

Hi. Great job! It means that the other two violations will be dismissed as “covered” by your plea to the disobeying a traffic control device violation.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Court replies to mail in plea agreement under the offer section is the word cover. What's does cover mean?

I Pleaded not guilty by mail to a speeding , unlicensed operation, improper plate in Buffalo New York. The reply was a offer to reduce the speeding to a non-moving violation, disobeying a traffic device. under the offer section pertaining to the two charges of unlicensed operation and improper... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Feb 3, 2023

That means unlicensed operation and improper plate charges will be covered under your plea to the amended charge with no independent plea to them. You will only be pleading to the reduced offense amended from the speeding. You need to note, however that disobeying a traffic device IS a moving... Read more »

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