Lawyers, Answer Questions  & Get Points Log In
New York Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: My employer is in possible violation of the Governor Executive Order 202.6.

They did not shut down their workforce center as mandated by the order and still require all employees to report to work.

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

I am not sure what your question is? Executive orders are unlike legislative acts. For example, when an employer violates a legislated act such as the Labor Law, there are sometimes provisions where a private attorney general action may be maintained by an attorney and their client with specified... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

1 Answer | Asked in Divorce for New York on
Q: I purchased a camper during marriage. Title is in my name only. How does this work during divorce in Broome County NY
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 31, 2020

The county is of no importance. The purchase was made during the marriage and as such is marital property no matter what name the camper is in.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Where do I file for modification on custody order?

Me and the father of my child have joint custody. Placement was with me here in NY but changed in August cause she wanted to move in with him in WV. Now she is wanting to move back with me but I'm not sure where to file. NY or WV, cause they are both telling me to filed in other state. The original... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 31, 2020

You have not indicated that the original order was modified to give the father custody. If there was no modification, nothing needs to be done. If there was a modification, as long as the original order was from NY and the modification was done in NY, NY has jurisdiction and you can file in NY.... Read more »

1 Answer | Asked in Employment Law for New York on
Q: With unemployment if i lost my job but my employer wants to pay me even though I’m making more with unemployment

Do i have to take the pay from my employer?

V. Jonas Urba
V. Jonas Urba answered on Mar 31, 2020

If you are forced to take a pay cut; for example 50%, employees do not have to keep working in those situations. It's called constructive discharge and in those circumstances not the employee's fault. There is case law to support benefits for drastic pay cuts or not paying overtime or other... Read more »

1 Answer | Asked in Tax Law for New York on
Q: Under the covid stimulus package, will I be able to receive 2017 and 2018 tax refunds that would otherwise be garnished?

According to the covid stimulus package, those who are in default of their student loans will not have their tax refund garnished. My question is: Does this apply to only 2019 tax refunds, or will it also apply to 2017 and 2018 refunds? I am entitled to refunds for the past three years and never... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

The stimulus does not involve tax year 2019--because 2019 tax returns are not even due until July 15, 2020. Moreover, If you have never filed tax returns for tax years 2018 or 2017 you will probably not receive any stimulus check.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Will I be able to get my money back?

I hired a dress designer who gave me a deal on a dress where if I referred two people the dress would be half off. I did the promotion paid her $975 and she insisted i hadn’t completed the promotion and if I wanted the dress I would have to pay $825 more. She sent me a video of the dress and the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

When the courts reopen, you can file a small claims case.

1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
Read more »

2 Answers | Asked in Business Law for New York on
Q: If my friend created the label for my business will they be able to sue later on? If/when the business picks up?
Gregory Byrnes
Gregory Byrnes answered on Mar 30, 2020

Generally no unless the rights to the work were transferred to you.

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello I wanted to know if you can use your security deposit to cover your last month of rent?

My lease states “landlord may use the security to put amounts owed by tenant, including damages.”

Gregory Byrnes
Gregory Byrnes answered on Mar 30, 2020

This is a complicated question because the laws on security deposits chanced in June 2019. Here are the most relevant legal provisions that can assist you:

General Obligations Law Section 7

https://www.nysenate.gov/legislation/laws/GOB/7-108

The Rent stabilization code...
Read more »

View More Answers

1 Answer | Asked in Employment Law for New York on
Q: Ny unemployment benefits eligibility

Im a service plumber in Westchester county ny working steady for the last 30 yrs, i have diabetes and hypertension which puts me in a high risk category for Coronavirus with my compromised immune system, i dont feel comfortable going house to house doing repairs and want to stay home , but my boss... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 29, 2020

Can you think of a reasonable accommodation which your employer could make for you which would not cause an undue hardship or burden for it? Can you work from the shop? Have you discussed with your physician how the employer could possibly accommodate you? Doing inventory or other job set-up work?... Read more »

4 Answers | Asked in Bankruptcy for New York on
Q: Can i file for bankruptcy without losing my apartment or my ability to renew?

Hello. I am about to begin the process of filing for bankruptcy. My landlord has legal fees as well as maintainance fees on my rent statement which adds up to approx. $3000.00... i do not owe any money on my regular monthly rent . Maintenance charges are not on my lease. My landlord added those... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 28, 2020

Your question states both maintenance fees and a rent statement, as well as mentioning your landlord. So it does need some clarification. If you file Bankruptcy to discharge debt to the landlord, there is no way that you can expect to stay in your apartment and have a lease renewal. That would not... Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law for New York on
Q: i have a dog for over three years and someone reported me. can they evict me although workers in the building knew ?

This is a coop apt and i got the dog for my daughter who has OCD and mild depression. I removed the dog now her symptoms are worse especially the depression

Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 28, 2020

It sounds like you need to speak with a mental health professional about having the dog prescribed as an emotional support animal. They can be kept even if there is a no pets policy. As far as eviction, if you have openly had the dog for 3 years and the building staff knew there is a NYC law that... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can my employer require me to wear a mask at work due to COVID I’m a veteran w/ ptsd and phobias about covering my mouth

I’ve been working there for 14 years and they suddenly are requiring us to wear a mask. I spoke to our EO who said they can’t make me but my boss is saying it’s manditory and if we don’t we have to use our time and take off from work. It’s a civil service position. Adding that only 2... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 28, 2020

I think you have to examine the purpose for the requirement. It's to keep others, not you necessarily, safe.

Public safety almost always trumps (no pun intended) personal safety.

I guess wearing a hazmat suit might be another option but would not that be even worse? What other...
Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Pending asylum, travel outside the country - emergency!

I have an question from New York City. I am waiting for an asylum interview almost one year. So Far Was not schedule. it It is for one year already. I came with an F1 visa. I requested asylum when my visa was still okay. I want to go to Mexico, because of the CoronaVirus, I have the option to be... Read more »

Amanda B Cook
Amanda B Cook answered on Mar 27, 2020

No one really knows right now what is going to happen to people in your situation. But in my humble opinion, if you go to Mexico, you will likely have to stay there until at least we have a new administration in the White House.

View More Answers

1 Answer | Asked in Contracts and Collections for New York on
Q: Can i sue my dentist for making my credit go down alot after me asking alot for them to pay my loan back

I nver got the work done and called them multiple time and they keep saying there going to and never do

Tim Akpinar
Tim Akpinar answered on Mar 27, 2020

It would be difficult for an attorney to answer without knowing the terms of your loan agreement, the underlying agreement for work to be performed, how it came to be that the work was never performed, communications between you and the dentist involving these things, and other factors. Good luck... Read more »

1 Answer | Asked in Real Estate Law and Constitutional Law for New York on
Q: Can a person be denied purchase of a home in New York City simply because their social media page shows them hunting?

Friend is trying to purchase an apartment in NYC but has been told that they couldnt do the sale since he had pictures of himself hunting in Texas on his social media.

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

Yes, it's likely they can refuse to sell because they are not a protected class under Federal, State, or Local Law. If they are already in contract this would be a different story depending on the contract. You can check the AG's website for more information.... Read more »

1 Answer | Asked in Family Law for New York on
Q: I sign an agreement to leave the apartment that one time I bought with my now ex wife in 2020 and transfer the deed to

Her. She took me to court to enforce the agreement because I didn’t leave. The judge gave me an extension until the last day of April. Now with this situation of the covid 19 I can’t go out, not working and I’ve heard gov Cuomo saying that the evictions have been cancel for a few months. Can... Read more »

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

Yes, evictions are stayed and the Courts are not open. Should you not comply, when the Courts reopen they maybe able to evict you, but this will be dependent on the facts of the case and the Court Order.

2 Answers | Asked in Employment Law for New York on
Q: I lost my job in NY.I have two single family rental units. Am I eligible for for unemployment?

They are not run though a LLC but through my own name. I do not take the 20% rental business deduction. More specifically I would like to know how to answer this question when applying for unemployment..NY Labor asks "Other than part-time work, on-call work, or owning a single-family rental unit,... Read more »

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

It is not likely you are entitled unemployment benefits. You are likely a sole proprietor and don't contribute. You can look here to see if you are exempt from unemployment: https://labor.ny.gov/ui/dande/covered1.shtm

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.