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1 Answer | Asked in Landlord - Tenant for New York on
Q: What happens in a situation where a tenant had verbal agreement with landlord that utilities were included. Bldg sold.

New landlord, one yr in to ownership , suddenly stops paying utilities. Utility Co now demands back payment from tenant and is threatening turn off of services. What rights does tenant have?

James L. Arrasmith
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answered on Mar 30, 2024

In situations where there was a verbal agreement with the previous landlord that utilities were included in the rent, and the building has since been sold to a new landlord who has stopped paying for these utilities, it's crucial to understand your rights and possible courses of action.... View More

2 Answers | Asked in Legal Malpractice for New York on
Q: When is a personal injury attorney required to disclose his costs in putting on the case?

Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

If the attorney held the funds in escrow, that interest doesn't usually go to the attorney or client. Law firms generally use IOLA accounts, where the interest would go to an IOLA Fund, used for public legal programs. Good luck

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2 Answers | Asked in Legal Malpractice for New York on
Q: When is a personal injury attorney required to disclose his costs in putting on the case?

Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

Yes attorneys need to provide their clients a disbursal statement.

The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

James L. Arrasmith
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answered on Mar 26, 2024

When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More

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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: How to dispute a charge with credit card company due to merchant not providing all services in contract.

Contract says "no refunds" but they didn't provide all of the services.

James L. Arrasmith
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answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

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1 Answer | Asked in Immigration Law for New York on
Q: ERROR MESSAGE WHEN TRYING TO PAY IMMIGRANT VISA FEE $220

Good morning, I am the applicant of my mother and she has received her immigrant visa a week ago. Now iam trying to pay Her immigrant fee but failed though I checked and put her A # number and DOS case id# correctly it showed unexpected error messages. I have been trying to contact with USCIS but... View More

James L. Arrasmith
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answered on Mar 26, 2024

Good morning! Experiencing difficulties when trying to pay the USCIS Immigrant Fee can be frustrating, but there are a few steps you can take to resolve this issue. Firstly, ensure that the A-Number and DOS Case ID are entered correctly without any spaces or additional characters. Sometimes, errors... View More

2 Answers | Asked in Business Law for New York on
Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made

it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.

Jack Mevorach
Jack Mevorach
answered on Mar 25, 2024

I'm very familiar with this scenario. The matter should be worked out, rather than litigated. Usually, the LL has a better chance of getting paid from a Purchaser than a TT who wants to sell. Hard to understand your LL's motivations.

Jack

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2 Answers | Asked in Business Law for New York on
Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made

it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.

Michael David Siegel
Michael David Siegel
answered on Mar 25, 2024

If you owe the rent you need to pay or be evicted. While your lease will govern, most commercial leases have a provision that counterclaims must be brought in a separate case, like your claim the landlord killed your deal.

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: How do I press charges on a police officer for violating my fourth amendment and harassing me. Or for doing illegal car

Illegal car searches and pat downs

James L. Arrasmith
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answered on Mar 25, 2024

If you believe a police officer has violated your Fourth Amendment rights through illegal searches or harassment, you can take several steps to press charges or seek justice. First, document every detail of the incident, including dates, times, and any witnesses. This information is crucial for... View More

1 Answer | Asked in Banking for New York on
Q: Stripe has held my funds for 90days - can my lawyer send them a legal complaint even if their agreement allows it

What legal action can I take?

James L. Arrasmith
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answered on Mar 25, 2024

If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: if my ex domestic partner are both on a lease in a one bedroom apartment can he keep me out of the bedroom we shared?

we moved in as a couple sharing the room. now my clothes and belongings are still in the room. he has his new lovers in the room for hours and every day almost and tells me I'm harassing him if i need in to get clothes. can he do that?

James L. Arrasmith
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answered on Mar 24, 2024

In a situation where both you and your ex-domestic partner are listed on the lease for a one-bedroom apartment, rights to access shared spaces, including the bedroom, are typically equal between the two of you. The arrangement you had as a couple, sharing the room, doesn't automatically change... View More

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Military Law for New York on
Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

James L. Arrasmith
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answered on Mar 24, 2024

You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: How to report anonymous Mgr. Forge employee timesheet for time not worked. Intimidates other from adding actual time?

Mgr. of 3mths w/firm threatening/harassing me. I'm 3+ yrs w/company. Just as others I always arrive to work early by 30mins or so for late night requests & ontime arrival. No problems w/previous Mgrs. Great perform reviews. Mgr. now says I need his permission to work OT. Reprimanded 2 days... View More

V Jonas Urba
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answered on Mar 23, 2024

It looks like your pay is on an hourly basis. All employees who are paid by the hour must be paid for all time for which they are permitted to suffer labor (that is language often used by the courts). If you work hours, including overtime at 1.5 times your regular pay rate, you must be paid for... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under New York law, landlords are required to return a tenant's security deposit within 14 days after the tenant has vacated the property, provided there are no legitimate deductions for damages. While landlords may prefer certain payment methods, they cannot unreasonably refuse your request... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Manhattan Tenant

The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Ending a month to month lease in Brooklyn NY with an argumentative landlord, just trying to figure out my rights, if any

Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to... View More

James L. Arrasmith
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answered on Mar 26, 2024

In New York, tenants are generally required to give at least 30 days' notice before leaving a month-to-month lease, which you've done. However, using your security deposit as last month's rent is not typically allowed unless the landlord agrees. This is because the security deposit... View More

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