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New York Environmental Questions & Answers
2 Answers | Asked in Environmental and International Law for New York on
Q: If an oil company committed an environmental or human rights crime in another country. Which country has jurisdiction?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

My colleague is correct. These can be complex settings. Local courts in the country of the incident could be a primary forum. The nation where the corporation is headquartered or does business could also be possible venue, depending on the nation's codes of civil procedure, and if the... View More

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1 Answer | Asked in Civil Litigation, Environmental and Small Claims for New York on
Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway

My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More

Michael David Siegel
Michael David Siegel
answered on Apr 1, 2023

Call 311 in NYC. The Department of Buildings can issue a violation.

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
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1 Answer | Asked in Civil Litigation, Energy, Oil and Gas and Environmental for New York on
Q: how to get would settlement copies of documents from bp oil spill payout to specific claimant?
David H. Relkin
David H. Relkin
answered on Oct 4, 2022

If you are asking about the Deepwater Horizon, please let me know and I can answer the question.

1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... View More

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... View More

1 Answer | Asked in Environmental for New York on
Q: my bedroom is adjacent to the elevator shaft and i feel vibration and hear sound what is the legally db sound level
Tim Akpinar
Tim Akpinar
answered on Mar 12, 2021

This is something that a landlord-tenant attorney would probably be able to provide the most meaningful guidance on, but your post remains open for a month. It was correct to select Environmental as a category because you ask about decibel levels. But your question might have better chances of a... View More

3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
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4 Answers | Asked in Personal Injury and Environmental for New York on
Q: So if someone is a alcoholic and falls in a building stairs , breaks back of his head can you sue the building ?
Tim Akpinar
Tim Akpinar
answered on Oct 4, 2020

It's possible they could. It could depend on whether there was a defect in the stairs or other hazardous condition. New York is a comparative negligence jurisdiction, but a claimant's share of liability would be more dependent upon whether they were impaired at the time rather than an... View More

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1 Answer | Asked in Consumer Law, Energy, Oil and Gas and Environmental for New York on
Q: I had my furnace replaced in Feb of 2019. It was never installed properly, I'm now getting the run-around, what to do?

My husband knew something wasn't right with the install, we had them come over several times as our humidity was was out of control. Every time a tech came over, they insisted that all we needed was to spend thousands more to get a whole home dehumidifier. One time they were at my home... View More

Michael David Siegel
Michael David Siegel
answered on Aug 20, 2019

If there is a warranty, make a claim. You can also do a small claims case for the damages.

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Federal Crimes for New York on
Q: What did you major in for your BA/BS? Was it a BA or BS? When did you know you wanted to be a lawyer?

I just switched my education path to Political Science and wondering where I can take it

Gary Kollin
Gary Kollin
answered on Jul 7, 2019

This not a legal question

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1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on
Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants... View More

Michael David Siegel
Michael David Siegel
answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on
Q: To whom it may concern< I have lived in Scotia, NY for 36 years and would like to sue the village of Scotia.

I am now 64 years old and at the age of 58 was diagnosed with severe Osteoporosis (i was told i have the bones of an 80 year old. I have seen several specialists who have no idea why I should have such a severe case. I do not smoke and i rarely drink. However, Scotia does fluoridate its water... View More

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2018

These types of cases could be complex, because of the level of scientific and medical expertise required. If you yourself are contemplating legal action, a consultation with an attorney could enable you to learn, at the very least, time tables, deadlines, statutes of limitations, and notices of... View More

1 Answer | Asked in Real Estate Law and Environmental for New York on
Q: I'm buying a home. Seller must remove moldy basement floor. Agent says he doesn't have to replace only remove. True?

Basement is moldy including wood flooring. Seller agreed to remediate mold.

Michael David Siegel
Michael David Siegel
answered on Aug 5, 2018

Whatever your contract says is what he must do.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on
Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

DEC or EPA says they have to be removed Need advise on removal and who pays. What to do if they cannot pay??

Greta Katrin Kolcon
Greta Katrin Kolcon
answered on Feb 22, 2018

Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads...
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1 Answer | Asked in Criminal Law, Environmental and Juvenile Law for New York on
Q: My 16 yr old son is visiting me in hyde park from Florida and shot a Canadian goose with a bb gun and killed it.

THE DEC GUY SAID THAT BECAUSE ITS A PROTECTED SPECIES THAT ITS SERIOUS AND THEY CAN DO A ADMINISTRATIVE HEARING AND MAKE IT A CIVIL MATTER AND BE DONE IN ONE DAY OR KEEP IT CRIMINAL AND WE WOULD HAVE TO FLY HIM BACK AND FORTH FOR COURT EACH MONTH. I DON'T KNOW WHAT'S THE BEST ROUTE TO... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2017

I I'm quite familiar with this type of matter. It is a very complicated issue with far reaching conclusions most people are able to see ( future ability to get into college/get a job/obtain professional license.

One of my passions is juvenile law because I wasn't an angel growing...
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1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Q: i have an academic question about intl law and treaties which might not have a certain answer:

As we know intl law and treaties have been created so as to regulate relation between intl community members(countries and intl organization) ,through which they would be able to achieve golas that have been conceived in different treaties and documents such as Un charter , environmental agreements... View More

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2017

This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.

2 Answers | Asked in Workers' Compensation and Environmental for New York on
Q: now retired NYC teacher How long do I have to sue dept of ed due to serious health issues caused by toxic environment

Low levels of asbestos was found in my classroom and other teachers also became diagnosed with autoimmune diseases. I am recovering from a double lung transplant and I can never go back to work.

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jun 12, 2017

In New York, the statute of limitations for a plaintiff intending to file an asbestos claim is three years from the time of the diagnosis of the asbestos-related disease.

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1 Answer | Asked in Environmental and Landlord - Tenant for New York on
Q: NYC Warranty of Habitability & Rats in the Walls/Radiators

Since I moved into my apartment back in March, there have been rats living in my walls/ceiling (in my basement) that I hear non-stop, daily. I believe they were able to get in due to construction that is occurring on a new building next door (owned by the same owners of my building). Despite this,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

You may be able to sue the landlord. You may be able to breach the lease agreement and move out. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

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