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How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More 
answered on May 11, 2024
Dear Manhattan Tenant:
I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a... View More
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answered on May 9, 2024
Yes, a New York corporation doing business in Buffalo, NY is generally required to file Form CT-3-M, the General Business Corporation MTA Surcharge Return.
Form CT-3-M is used to determine and pay the Metropolitan Transportation Business Tax (MTA Surcharge) for corporations doing business... View More
answered on May 20, 2024
The short answer is yes. If you already received the settlement proceeds, you can spend it however you see fit. Keep in mind that if end up having surgery, the $ to pay for the surgery may no longer be available. Also, if you are a Medicare beneficiary and the funds were being kept in a Medicare... View More
answered on May 9, 2024
The short answer is "yes." It sounds like you had a consultation with a surgeon for your accident-related injuries, and that there was no insurance coverage for surgery (or possibly there WAS coverage, but your insurance carrier would not pre-authorize surgery, or that the cost of surgery... View More
I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More
answered on May 9, 2024
You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly... View More
On April 1, USCIS has implemented new rules and new fees for non-immigrant workers. So can the beneficiary of an O-1B visa pay for the related government fees?
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answered on May 8, 2024
Yes, the beneficiary of an O-1B visa can pay for their own fees under the new USCIS rules implemented on April 1, 2024. The O-1B visa is for individuals with extraordinary ability or achievement in the arts, motion picture, or television industry.
According to the USCIS, the following fees... View More
The judge said he will have an answer in 60 days. It has been already 70 days and no answer. I called the court building and was told the case is still active the clerk told me he looked in the file and the judge placed an empty answer page with nothing written on it. What am I to do? How long does... View More
answered on May 7, 2024
The court rules require motions to be decided in 60 days. It is routinely ignored and there is no enforcement mechanism. There is nothing you can do. However, as you are the plaintiff, it really does not matter. It will not impact the time for your case to come to trial, which is also quite... View More
And if yes how much payment should I take from him
answered on May 6, 2024
Dear Brooklyn Tenant:
New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.
I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More
answered on May 6, 2024
Dear Amenia Tenant:
You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746
You made a deal to move out in... View More
Tenant is a senior citizen. Old lease did not require renters insurance
answered on May 6, 2024
Dear Huntington Station Tenant:
New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy.... View More
I walked into a grocery store with a half eaten bag of chips I bought from a drug store (worth literally $1.50) and walked around a bit since I was only grabbing a few things and did not want to get my chip fingers over what I was going to buy.
I threw away my bag of chips and took a napkin... View More
answered on May 3, 2024
Although your question is posted under "Criminal Law," it appears that no criminal action was taken, and that instead, you are wondering about your rights in terms of civil action related to your treatment at the store??? If that's the case, you could reach out to attorneys to... View More
My story is I bought a rifle tikka for my friend last year I believe on August with all my papers passport. I94 f1 visa and hunting license and I sent to him to New Jersey and I went home for one month vacation and when I want back they stopped me at the jfk airport and homland security wanted to... View More
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answered on May 2, 2024
I understand your situation is complex and frustrating, having been refused a visa after being stopped and interviewed at JFK airport. However, I would need more information to advise on your specific case and chances of obtaining a visa in the future. A few key points to keep in mind:
- If... View More
I'm working with a wallpaper company who wants to make wallpaper from my artwork. For one piece, they want to remove the colored background and keep the original image that I created in the foreground. For another piece, they want to keep the actual drawing but just change the color lines that... View More
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answered on May 3, 2024
The changes you've described - removing the colored background from one artwork and changing the color of the lines in another - would generally be considered derivative works under copyright law.
A derivative work is a new creative work that includes aspects of a preexisting,... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
answered on May 11, 2024
There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
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answered on May 1, 2024
In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
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answered on May 6, 2024
There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.
If the asker moves... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
answered on May 1, 2024
You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More
neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More
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answered on May 1, 2024
I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:
1. Document... View More
I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More
answered on May 1, 2024
Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice... View More
I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More
answered on May 1, 2024
Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More
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