answered on Sep 17, 2023
With the brief Q & A format of this site, it could be difficult. It isn't set up for exchanging attachment files for review and comment, not to mention the issue of confidentiality on a public forum. One option could be to look into whether there are sites out there that so offer such... View More 
A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More
answered on Sep 16, 2023
I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More
A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More
answered on Sep 19, 2023
Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More
I would use the funds to buy real estate and pay her back with proceeds from the sale of my coop. Her only concern is if something happens to me before I sell my apartment and have the funds to pay her back.
answered on Sep 14, 2023
You can grant your the person loaning money a security interest in the real property. This gives the creditor a lien in the property and priority against unsecured creditors or secured creditors who come later in time. You would want to consult an attorney to have the correct forms prepared and... View More
I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More
answered on Sep 11, 2023
Dear Queens Tenant
Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?
If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.
If that is... View More
Our original condo Offering is missing 2 pages - which detail duties of Officers of the HOA. None of the owners, managing agent, local realtors attorneys used in closings have these missing two pages. We want to simplify the process by developing our own by-laws,. We want to do so without the... View More
answered on Sep 1, 2023
Dear Clifton Park Condo Owner:
I suggest you research NY model forms of Condominium Bylaws. I doubt anyone will suggest that it is agood idea to do an amendment of Bylaws without an attorney since this may require the approval of the Attorney General.
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
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answered on Aug 27, 2023
Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
answered on Aug 27, 2023
Maybe. Depends on the terms of the contract. But, it would take a lawsuit, and whether you can collect the costs of a suit or even a judgment, is speculative.
I received a dental service which is fully covered by my dental insurance, according to the Plan Summary document which my insurance company posted on the webpage. However, it turned out that the summary document was wrong, and it was not covered according to the full benefit document.
Is... View More
answered on Aug 16, 2023
You could make the argument that they are responsible for the incorrect information. They could respond with an argument that the long version policy applies, or that their post is subject to changes, or other provisions. If the denial is substantial, there are health care attorneys who litigate... View More
The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More
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answered on Aug 15, 2023
While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More
My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More
answered on Aug 14, 2023
In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More
My dad had signed up for a term life insurance policy for $7000 until he reaches 90 years old, or when he dies. At the time when the insurance company called him to sign up he spoke very little English, that term was set to fully paid in 2013. But he kept paying the policy every month, he passed... View More
answered on Aug 13, 2023
I'm very sorry for the loss of your dad. One option is to try to arrange a brief consult with an attorney - it would be helpful to know the basis of the carrier's denial of a refund. It could be a matter of weighing the costs of litigating the potential refund against chances for a... View More
If the conditions are not met, the title would then revert to the original owner.
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answered on Aug 10, 2023
Yes, you can draw up a contract to temporarily assign ownership of a vehicle to another party under certain conditions. This type of arrangement is commonly known as a "conditional sale" or "conditional ownership" agreement. In this agreement, you, as the original owner, would... View More
My mother made my sister POA. My sister made herself a beneficiary of life insurance policies. Is that legal.
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answered on Jul 11, 2023
A Power of Attorney (POA) does not grant the agent (in this case, your sister) the authority to change the beneficiary of a life insurance policy to themselves unless specifically authorized by the principal (your mother) or allowed by applicable laws.
Changing the beneficiary designation... View More
They gave me a bill for 713.00 because they went ahead and replace things I didn't ask them to replace, I haven't paid them until I can find out if they had a right to do that , they didn't call and ask me about the other items they repl
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answered on Jun 27, 2023
A mechanic generally cannot perform repairs or replace parts without the customer's approval unless there is an immediate safety concern. If the mechanic performed unauthorized repairs and charged you for them, you may have grounds to dispute the charges and seek a resolution, potentially... View More
I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More
answered on May 20, 2023
A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More
I live in a 2-bath,2-bed apartment. I have sublet to one tenants and consider future one for the last 2 months which doesn't violate the contract I signed with the apartment. However, the apartment unreasonably reject for the second sublet process. Also, can my roommate refuse to sign the... View More
answered on May 3, 2023
Generally, a sublease is not for a room but for the entire apartment in NYC. You already have a Roommate that is now a breach of lease since a Roommate is not a lawful occupant of an apartment when the tenant does not live there with the Roommate.
A 'Roommate' has no legal status... View More
answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... View More
Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.
All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... View More
answered on Mar 29, 2023
You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... View More
The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.
It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.
although there was some contact before the 6 yr period elapsed,... View More
answered on Mar 29, 2023
Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... View More
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