New York Questions & Answers by Practice Area
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New York Questions & Answers
Q: What should I do if my Uber/Lyft driver gets in a car accident while I'm the passenger?
William Head's answer
If you are hurt, contact a top personal injury lawyer. Your existing auto insurance should cover all or part of your costs. Your civil lawyer may be able to recover from the at fault driver or drivers, including the car service, which has secondary coverage, generally.
If you are hurt, contact a top personal injury lawyer. Your existing auto insurance should cover all or part of your costs. Your civil lawyer may be able to recover from the at fault driver or drivers, including the car service, which has secondary coverage, generally.
Q: My mother just away away.My sister had the Power of Attorney for my mother.Under 5-1510 Gen Obligations-special proceed
2 Answers
| Asked
in
Criminal Law, Estate Planning and Probate
for
New York
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Michael David Siegel's answer
You can get an accounting but it is a multi-step process. First you need to be the administrator of her estate. Then, you sue on behalf of the estate to get the money from your aunt.
You can get an accounting but it is a multi-step process. First you need to be the administrator of her estate. Then, you sue on behalf of the estate to get the money from your aunt.
Q: I got rfe on my H1b amendment and filed response,Now waiting for uscis response. In this time can I do new transfer
Barry Eran Janay's answer
I believe only if you file a new transfer request and cite to the pending response to the RFE...
Call USCIS directly for a precise answer, they are constantly changing their rules.
I believe only if you file a new transfer request and cite to the pending response to the RFE...
Call USCIS directly for a precise answer, they are constantly changing their rules.
Q: My 86 year old mother was raised as Ann, her mothers name-her birth certificate however, is Margaret
1 Answer
| Asked
in
Family Law, Gov & Administrative Law and Public Benefits
for
New York
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Michael David Siegel's answer
Name changes are meant to be done yourself, i.e. DIY or pro se. The clerk in Civil Court in the Bronx (assuming that is where your mother lives) has the forms. It is easy.
Name changes are meant to be done yourself, i.e. DIY or pro se. The clerk in Civil Court in the Bronx (assuming that is where your mother lives) has the forms. It is easy.
Q: How do you find out if a house is sold or in contract?
Michael David Siegel's answer
In Patchogue, go to MLSLI.com which is the multiple listing service there.
In Patchogue, go to MLSLI.com which is the multiple listing service there.
Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?
2 Answers
| Asked
in
Bankruptcy, Banking, Civil Litigation and Collections
for
New York
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Leonard R. Boyer's answer
Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
Q: Are potential employers allowed to ask you personal information during an interview (like family status or sexual
V. Jonas Urba's answer
If you are the most qualified or even equally qualified you get the job.
Otherwise employer has to show why someone else was better. If they don't you get job and/or damages.
Lawyer up. Unlike some PI cases employment law cases are rarely slam dunks.
If you are the most qualified or even equally qualified you get the job.
Otherwise employer has to show why someone else was better. If they don't you get job and/or damages.
Lawyer up. Unlike some PI cases employment law cases are rarely slam dunks.
Q: My husband, we are gay and we are having an interview for i751. I would like an attorney present he doesn't.
Roger Carl Algase's answer
Marriage green card Interviews are always safer and usually go better when an attorney is there. This applies to both same sex and opposite sex marriage interviews, both types of which I have attended with successful results. A party to the marriage can sometimes have many types of reasons for not wanting an attorney present. In the nearly 40 years since I began attending marriage-based green card interviews for clients, I have never heard yet of a GOOD reason for going to the interview without...
Marriage green card Interviews are always safer and usually go better when an attorney is there. This applies to both same sex and opposite sex marriage interviews, both types of which I have attended with successful results. A party to the marriage can sometimes have many types of reasons for not wanting an attorney present. In the nearly 40 years since I began attending marriage-based green card interviews for clients, I have never heard yet of a GOOD reason for going to the interview without...
Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)
2 Answers
| Asked
in
Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law
for
New York
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Derek John Soltis' answer
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
Q: Can a law firm file a second motion for summary judgement, 1 year later, based upon an affidavit from an attorney
Michael David Siegel's answer
Can they? For $45 anyone can file a motion for anything. Will they win? Not likely, as attorney affirmations are disfavored.
Can they? For $45 anyone can file a motion for anything. Will they win? Not likely, as attorney affirmations are disfavored.
Q: Is 'Giggle' an infringement on Fiverr's trademark word 'Gig'?
Barry Eran Janay's answer
Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as myself, feel free to email me directly) about this for conducting a limited review.
Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as myself, feel free to email me directly) about this for conducting a limited review.
Q: House was foreclosed I had bought the water tank and furnace because the original broke. Am I allowed to take it with me
Barry Eran Janay's answer
Not legally. They are fixtures that are tied to the real estate like any other improvement.
Not legally. They are fixtures that are tied to the real estate like any other improvement.
Q: Can I open and register a business in New York City without SSN or ITIN number?
Michael David Siegel's answer
You can register a corporation without any TIN. To get a tax ID number, a third party with an SSN can request it, but the IRS will treat that person as a responsible party.
You can register a corporation without any TIN. To get a tax ID number, a third party with an SSN can request it, but the IRS will treat that person as a responsible party.
Q: I received a failure to signal turn ticket in NYC, but the officer did give me a break because I was speeding, fight it?
Barry Eran Janay's answer
Probably not worth fighting, count yourself as lucky. If you do choose to fight it though, please email me, I have a great guy to send you to near Ridgewood.
Probably not worth fighting, count yourself as lucky. If you do choose to fight it though, please email me, I have a great guy to send you to near Ridgewood.
Q: I was a social worker at a drug and alcohol rehab. A friend of mine from high school came into the facility. We went
1 Answer
| Asked
in
Employment Law, Health Care Law and Personal Injury
for
New York
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Q: What can one do if a surrogate judge denies them an appeal?
Barry Eran Janay's answer
You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.
You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.
Q: Me and my wife,who is on her 8th month of pregnancy, has rented apartment in co-op building for 5 months from the...
2 Answers
| Asked
in
Foreclosure, Real Estate Law and Landlord - Tenant
for
New York
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Michael David Siegel's answer
You have no legal right to be there. You can play the Housing Court game and buy yourself a couple of months. You are going to be evicted.
You have no legal right to be there. You can play the Housing Court game and buy yourself a couple of months. You are going to be evicted.
Q: My grandson accepted a 6 year sentence offered for sales of controlled substance 3rd. He has no other crimes.
Aubrey Claudius Galloway's answer
That sentence is incredibly harsh, and wAy behind the sentencing guidelines. If he planted 3rd° offense, there should be a mutual deal made between his counsel, the ADA and the judge. Because he played guilty, he waived his right to a trial and/or an appeal. That being said, if his attorney had arranged for reasonable agreement upon a sentence with the ADA and judge did not except it and sent him to this incredibly harsh sentence, then we can make a motion to have it overturned.
I...
That sentence is incredibly harsh, and wAy behind the sentencing guidelines. If he planted 3rd° offense, there should be a mutual deal made between his counsel, the ADA and the judge. Because he played guilty, he waived his right to a trial and/or an appeal. That being said, if his attorney had arranged for reasonable agreement upon a sentence with the ADA and judge did not except it and sent him to this incredibly harsh sentence, then we can make a motion to have it overturned.
I...
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