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1 Answer | Asked in Family Law for New York on
Q: My wife was in a rehab facility had a sexual relationship with another patient. Can I sue facility?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

There is no statute that regulates sexual conduct within a hospital. Individual physician ethical codes prohibit sexual contact between doctors and patients. Perhaps employment regulations prohibit sexual contact between staff and patients.

However, all of these remedies are non-court...
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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2024

I'm sorry about your injury and the injury of the special needs child. It could be difficult for attorneys here to answer your question accurately, based on the brief facts at hand. You mention negligence. If you could successfully prove that, it's possible you could have a case. But the... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

William Vance Ferro
William Vance Ferro
answered on Feb 21, 2024

I am terribly sorry to hear this happened to you. I hope both you and your child are doing better.

It is difficult to ascertain how exactly the accident and or negligence occurred. I would highly recommend reaching out to an experienced personal injury attorney who can guide you through...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a rental lease expire or terminate upon the final walkthrough being completed and the landlord collecting the keys?

My old landlord did a final walkthrough and collected my keys on 11/30/23 and is now claiming I am still responsible for rent for December and January per an addendum in my lease. If they collected my keys and I no longer have access to the unit, and they listed it as available online shortly... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Dear Pen Yan Tenant:

Likely, the turnover of the keys ended the lease obligations. Did your landlord return the tenant security deposit to you within fourteen days of the turnover of the keys? If not, and if the landlord did not provide you a written itemization of legal deductions in the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a HUD-VASH voucher owner. My landlord increased my rent $107 above fair market and months before my lease expires.

There is no option in my one-year lease that allows Winn to raise my rent during the lease term. Is this legal?

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Dear Albany Veteran:

No legal process exists for any landlord to charge a tenant an increase in rent during a lease term. That should be so for you as well.

https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have been a hotel tenant for 1 year and 3 months now. I would like to know if that Winter Moratorium went in effect.

It is called the Winter Moratorium Eviction Act of 2023. Just want to confirm if that went into effect last December.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

No. The Bill is stuck in an assigned committee. It has not been passed and it is not law.

https://www.nysenate.gov/legislation/bills/2023/S1403/amendment/A#:~:text=2023%2DS1403%20%2D%20Summary,properties%20during%20the%20winter%20months.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord & i are in court for non payment. My lease ends next month. Can my landlord refuse to renew my lease?

if we are still in court proceedings for past non payment? I live in nyc. And it’s also a rent stabilized building.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

You must also be a Rent Stabilized tenant. A NYC landlord to a Rent Stabilized tenant is barred by law from refusing to renew a lease even when the tenant owes rent and even if the landlord has a nonpayment eviction case in Housing Court.

1 Answer | Asked in Landlord - Tenant for New York on
Q: NY state -- can my mom terminate the lease she shared with my dad, who recently passed away? Only his signature is on it

Does NY state allow early termination of a lease in the event of the death of the immediate family member who had signed the lease? My mom did not sign it, though she is listed as an occupant

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Yes. There is a statute. It is five days old today. It became effective February 15, 2024:

* § 236-a. Termination of lease of a deceased tenant. Notwithstanding

any contrary provision contained in any lease hereafter made or renewed

which affects premises demised for...
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1 Answer | Asked in Family Law for New York on
Q: Is there a timeframe in NY state in which custodial parents have to submit medical bills to noncustodial parent?

Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

No.

New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: New York State. Living in apartment after14 day notice. Petition hearing next week. Will partial pay cancel process?

New York State. Upstate. Ulster county. Living in apartment after14 day notice. Petition hearing next week. Main question is, Will partial pay cancel the eviction process? For example, if I owe 7k right now and pay 1k before court, will they have to start over? Hearing is also 3 days before the end... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

Dear Ulster County Tenant

Partial payment even in NYC Housing Court ahead of the first Court day does not annul the landlord nonprofit proceeding so it's not likely that will happen in your Court.

Landlord and Tenant practices vary widely across the State even within the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Building is J51 on HPD; all tenants have Preferential rent as only Legal Rent, but my apartment is 421a with concessions

I am a few dozens years tenant, years on SCRIE.

Apparently situation is the revoked Preferential Rent ( after 2019 Act). In my renewal lease now is High Old LLR, though it was HSTPA change in 2020/2021; my bills are reversed to High Rent with Concessions. I researched Neighbours: all of... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

Dear Tenant

Something seems wrong with the underlying facts. The J51 should have expired. https://www.nyc.gov/site/hpd/services-and-information/tax-incentives-j-51.page#:~:text=Benefits%20granted%20include%3A,get%20the%2014%2Dyear%20exemption

Consider consulting an attorney.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: What is a citation in a will? Its going to distributees. Will the distributee receive money? or is it just notifying?
T. Augustus Claus
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answered on Feb 15, 2024

In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... View More

1 Answer | Asked in Family Law for New York on
Q: is the father of a 19yr son who attends college (father pays for boarding & tuition) the legal guardian?

19yr old is physically and mentally fine with no problems.

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

In New York, a parent is not automatically considered the legal guardian of their child once the child reaches the age of 18, as they are considered an adult in the eyes of the law. This means the 19-year-old son, who is physically and mentally capable, is legally responsible for his own decisions,... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: Is it fair that after six of employment I was told I could no longer wear my head covering without getting documents.

Hr was aware upon hiring and didn't ask for documentation however after six months I was told I needed paperwork

V Jonas Urba
V Jonas Urba pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

"Head covering" could mean almost anything. An employment lawyer would examine your job duties first and foremost. Does your position description or your job duties pose a physical safety threat to you or others for wearing some type of unknown head covering?

Next an employer...
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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can I register for a new jersey license plate when I live in new york city
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

This is something that attorneys who deal regularly with DMV and related matters would know best, but your post remains open for two weeks. You could check with DMV's online resources, but many people who have out-of-state plates usually use an alternate address that they maintain in the other... View More

1 Answer | Asked in Employment Law for New York on
Q: I work at metro by T-Mobile and someone broke the store windows and my boss is blaming me and making me pay for them.

Someone vandalized the store which is the same person stalking me and harassing me and he found out where I worked and broke the store windows and I told my boss it might be him and he said I would have to pay for the damages when I wasn’t at fault at all I can’t control people.

Christopher Marlborough
Christopher Marlborough pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

The short answer is no, the employer cannot require you to pay the damage. In New York, there is a short list of deductions an employer may take from a worker's salary, like wage overpayment, taxes, etc. Needless to say, the list does not include property damage caused by your stalker. The... View More

2 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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