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New York Questions & Answers

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

Q: Can I record a residential lease (14 month term) in Tompkins County land records?

Landlord may be selling house and I want any buyer to be on notice of and subject to the existing lease.

Michael David Siegel answered on May 24, 2019

The short answer is yes. The long answer is that sales are always by law subject to residential leases. You cannot be evicted. Thus, you do not have to record it.

3 Answers | Asked in Bankruptcy for New York on

Q: Can we obtain low cost or free Lawyer services for Bankruptcy filing?

We have no assets and no savings. We need to declare Chapter 7 as soon as possible, We are in Suffolk County, NY.

Bruce Alexander Minnick answered on May 24, 2019

You can file bankruptcy without a lawyer.

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1 Answer | Asked in Employment Law for New York on

Q: Hello I live in Albany NY and I need either a Pro-Bono attorney or Contingent Employment Attorney. Please Help !

While working, I was injured on the job and went to the doctor on the same day. There was 4 employee witnesses and I told my boss also on the same. Because the nature of the incident and where the injury occurred "at the CEO's home" I was in fear of my job I started voice recording after I was... Read more »

V. Jonas Urba answered on May 24, 2019

#1. You definitely need a work comp lawyer. Retain one now! You only owe $ if they recover $ for you so it makes no sense not to.

#2. The EEOC or NYS DHR will determine whether you have enough facts to support discriminatory termination. Recording or no recording it's a fact issue. No case...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Gov & Administrative Law for New York on

Q: Having issue with speeding in my neighborhood. No sidewalks. Kids ride bikes in road and local residents speed past kid.

Wondering of rights as resident. Called town and being told keep kids out of road. Not addressing the law breaking of residents. Put slow down structure at foot of driveway. What else can I do to stop a child from being killed. What are the children's rights.

Peter N. Munsing answered on May 23, 2019

Petition the local city council or whatever form of government you have for placement of a speed limit sign etc. However kids should not be riding bikes on roadways unless they are fully competent, have helmets on etc. We lived on a road like that and that's one of the reasons we moved--no way... Read more »

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

Q: I need to know how to fight my landlord. for personal injury and bad living condition

she has yet to fix my staircase which I fell down and have paperwork showing it caused a concussion and shoulder injury. I now deal with a traumatic brain injury which built up to much fluid and I'm on medication for the migraines. I also have a leak in my roof that is causing the ceiling to sag in... Read more »

Peter N. Munsing answered on May 23, 2019

Contact a member of the NYState Trial Lawyers Assn --they give free consults.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for New York on

Q: Help, my ex violates the custody order all the time and then when I do not agree to his demands, he calls cops?

Blames me for everything, calls me names, doesn't follow the order, the order his lawyer omitted parts that were agreed upon. My lawyer stopped calling me back, I have tried 5 times since the end of March. Been going through this for 3 years, our son is 3 1/2, I get followed by his father and who... Read more »

Lawrence Allen Weinreich answered on May 22, 2019

If he is following you around (need to have dates when you saw him) and he constantly calls cops when you don't agree to his demands, you probably need to file for an order of protection. As for omitted parts of an order, if the agreement was in court, you can get a transcript and refile the order... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: Should I get the police report for my son who was arrested- (Age 12)?

Gary Kollin answered on May 21, 2019

Are you serious? Why wouldn't you get it?

1 Answer | Asked in Identity Theft, Real Estate Law, Family Law and Personal Injury for New York on

Q: This Stranger took us to court for possession of our house and lost. Judgement was decided against her.

8 months later because she saw boards on our house she stole all the contents, ID's then changed deed to her name. Stranger not heir.

Michael David Siegel answered on May 20, 2019

This appears to have civil and criminal components. Call the police to report what happened. Then you can consider suing the person for damages. A deed change requires a Supreme Court lawsuit.

1 Answer | Asked in Probate and Estate Planning for New York on

Q: My co-worker significant other died without a will. Who owns their camp? He has 4 adult children.

His brother is trying to say he owns the camp

Michael David Siegel answered on May 20, 2019

When you say camp, do you mean a business that is a camp for kids? His kids inherit his estate, not his brother. But a business is likely incorporated, and the corporate papers will govern what happens to your friend's share.

1 Answer | Asked in Consumer Law for New York on

Q: Yesterday, May 18th, I went to a local Nissan dealer and did paperwork for a new SUV. No money was exchanged as I am to

return tomorrow with a 500 dollar check so the process to locate my desired SUV can begin. I realized when I got home that the "deal" I was given was no deal at all. I am a diabetic and yesterday my blood sugar levels were so low I could barely think straight. I either want to re negogiate the... Read more »

Michael David Siegel answered on May 20, 2019

No. You can cancel in writing. Make sure you write a cancelation and proof of delivery today.

1 Answer | Asked in Employment Law for New York on

Q: Can they legally do this?

Gave my two weeks to my job Thursday they accepted it the schedule for the next week was out. Went in to work my next shift and was told I could go home and they mailed my check. My coworker said they took down the old schedule and removed me from the schedule. I called my boss no one has answered... Read more »

V. Jonas Urba answered on May 20, 2019

If you gave 2 weeks notice of your resignation your employer has to pay you for 2 weeks or they risk losing your presumed application for unemployment benefits.

If you apply for unemployment benefits and are denied there will be an analysis of gross misconduct to decide whether you qualify....
Read more »

2 Answers | Asked in Immigration Law for New York on

Q: Hey there My question is how can find the best price and best immigration lawyer help me for affiliate of support? Thx

I am a sponsor my brother from China. Now I got GUZ number. Just looking for the experience immigration lawyer who can help me ?

Leonard R. Boyer answered on May 19, 2019

Immigration is far more complex that just filling out forms. Choosing an attorney based solely on price is a recipe for disaster. You need an immigration attorney to represent your brother. If you do not realize that this is something far beyond the capabilities of a non-attorney, then you are in... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.

I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?

Peter D. Mlynek answered on May 19, 2019

Boardgames have traditionally been protected by copyrights and by trademarks.

This is good news for you, because it looks like the protection is going to be relatively cheap.

Good luck in Indianapolis!

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1 Answer | Asked in Immigration Law for New York on

Q: Can I travel with Uscis Advance Parole travel document abroad?

I got married to my wife (she's a US citizen) few months ago and I have applied for a Travel Document which will be coming sometime next month. Because of back log the green card interviews are now taking longer, our interview will be sometime late this year or early 2020.

My question is,... Read more »

Kelli Y Allen answered on May 18, 2019

Even with advance parole, there is no guarantee of admission. The safest course of action is to remain in the U.S.

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

Q: my grandson has lived with me for 2 1/2 years. He is 17 1/2 years old. Can he live with his dad now? I'm in agreement

My daughter is on drugs, had 3 CYS cases opened and closed on her, I moved to NY and she gave me guardianship over him. my son in law had a PFA on him which had no basis, it is over now. My grandson wants to live with his dad and I am in agreement. She lives with a drug dealer most times in filth... Read more »

Lawrence Allen Weinreich answered on May 17, 2019

To begin with, you should know that when your grandson turns 18 the NY courts cannot grant custody orders. In essence, an 18 year old can live with whoever they want. As the child's guardian, you can allow him to live with his father now or just wait until the child turns 18 when he can just go... Read more »

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

Q: I am a grandparent of a newborn, both parents are mentally ill.Can I file in family court for visitation?

My son is schizophrenic and his girlfriend also has a mental disorder and she is also an addict. I was able to visit with my newborn grandson on Monday evening when I spent time cooking my son's girlfriend dinner in their apartment in Oneonta and my grandson Jayce was there also. Upon returning... Read more »

Lawrence Allen Weinreich answered on May 16, 2019

Grandparent visitation is available in New York if you meet certain criteria. You have to show that you had a relationship with the child or you attempted to have one but the parents didn't allow it. I suggest you consult an attorney to discuss all the facts of your case and to prepare the Family... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on

Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: How can I respond to my landlord's 30 day to terminate my lease to request more time to move out?

My lease is month to month ending May 31st and I would simply like more time until July 1st . I do not wish to pursue any other legal action against them but simply want more time. Is this something that I should request via a lawyer?

Elaine Shay answered on May 16, 2019

In NYC to terminate a month-to-month tenancy a landlord is required to serve a 30 Day Notice. If the tenant does not vacate by the date specified in the Notice, the landlord's next step is to serve a Notice of Petition & Petition commencing a holdover proceeding in Housing Court. Because of the... Read more »

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

Q: Im looking for advice for removing my sisters drug-influenced boyfriend from my moms apartment (where i also live).

He does drugs and drinks daily, with proof.

He or my sister do not contribute to rent or household, only she is on the lease (but that´s to be determined soon in housing court).

I will start working so i do not want him here while my mothers alone with my toddler daughter.... Read more »

Elaine Shay answered on May 15, 2019

This is an alarming situation and more complicated than it may at first seem. If circumstances are not sufficient so that can obtain an Order of Protection from Family Court, relief may be available through Housing Court. However, the person named as tenant on the lease would have to be willing... Read more »

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on

Q: I wish to know the approximate Attorney fees for the False claim act case


I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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