New York Questions & Answers

Q: i inherited a house in brooklyn ny with my 2 siblings they have had apartments in the house for the past 50 years

1 Answer | Asked in Estate Planning for New York on
Answered on Apr 10, 2019
Michael David Siegel's answer
Only from the time you were on title. What you should do depends on what you want to happen to the house.

Q: A former tenant is threatening to sue because they believe I overcharged them for a repair.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for New York on
Answered on Apr 10, 2019
Michael David Siegel's answer
Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.

Q: I am being sued because my ex loaned me money to buy a car. Now I can't afford to pay the loan back.

1 Answer | Asked in Collections and Small Claims for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
If there is a lien on the car, it is not exempt. If no lien, it could be exempt. But it is also hard to seize it. Answer the case.

Q: For a unmarkble title what can I do to fix it

2 Answers | Asked in Real Estate Law for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
It depends on what the issue is. Some are harder than others.

Q: My former landlord (NY) has not returned my security deposit or responded to a certified letter. How should I proceed?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
You are going to have to sue. Whether it is small claims or higher depends on the amount.

Q: Mortgage holder will not give an answer as to partial lien release. All paperwork submitted 12/2018. "Under review"

1 Answer | Asked in Real Estate Law for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
A partial release is not required to be given unless the mortgage requires it. It usually is not. You may need to refinance by mortgaging the remaining parcel only.

Q: In New York state how much time do you get for possession of a forged instrument

1 Answer | Asked in Criminal Law for New York on
Answered on Apr 7, 2019
Kristen Epifania's answer
There are various degrees of this type of crime, so the potential sentence depends on which charge is brought - a misdemeanor exposes you to up to one year in jail, while a felony can carry a potential prison sentence of at least one year.

Q: If I have an order of protection against me and the person I have it against moves out of my house am I able to go home

1 Answer | Asked in Criminal Law for New York on
Answered on Apr 7, 2019
Kristen Epifania's answer
If the home address is listed on the order, you should go to court to have the order of protection modified.

Q: Can someone’s lawyer just randomly call you and and tell you what your potentially charged with?

1 Answer | Asked in Criminal Law for New York on
Answered on Apr 7, 2019
Kristen Epifania's answer
Yes, an attorney can contact you but you have no obligation to speak with them. If you believe you are at risk of being accused of a crime, you should contact a criminal defense attorney to discuss the details of the matter. If you are contacted by law enforcement at any point, do not make any statements.

Q: Hi I am 21 year old. My parents are holding my birth certificate and social security card . What should I do?

1 Answer | Asked in Social Security for New York on
Answered on Apr 6, 2019
Peter N. Munsing's answer
Go to Social Security for a replacement card. Ask your parents if they will give you a photocopy of the certificate which will speed up your getting the certificate. Ideally, see if there is a relative who they will listen to who will intervene, at least get them to give you copies of the birth certificate.

Q: My mom attained citizenship when I was 17 years of age ( 1999). I am now 37- Do I need to apply to become a citizen?

1 Answer | Asked in Immigration Law for New York on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
Yes, this does potentially affect your citizenship rights, in a positive way. You should consult with an experienced immigration attorney to ensure your application is done properly so you don't waste time or money doing the wrong petition or filing it incorrectly.

Q: What is the difference between LLC structured as a S Corp and a Corporation elect to be a S Corp?

2 Answers | Asked in Business Law and Tax Law for New York on
Answered on Apr 5, 2019
Michael David Siegel's answer
LLCs are not S-corps, but the tax issues are the same. There is little difference. These are tax driven questions which are determined by your personal tax situation.

Q: I'm planning to file trademark so that i can use a certain username on twitter, facebook and instagram.

1 Answer | Asked in Trademark for New York on
Answered on Apr 4, 2019
Griffin Klema's answer
The USPTO doesn't offer discounted fees for vets, sorry. As for filing, you'll need to carefully evaluate what products or services you will be selling. Merely having a user name on social media, without selling products that bear the mark, will not be sufficient.

Q: Husband earned a SEC license while married. I’m told the license would have to be evaluated to find out it’s worth to me

1 Answer | Asked in Divorce for New York on
Answered on Apr 3, 2019
Nina Mironenko's answer
You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.

Q: I have a question concerning a Ponzi scheme and the subsequent trust liquidation reimbursement(s).

1 Answer | Asked in Stockbroker Fraud for New York on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
If I am reading your interesting question correctly, some state and/or federal law enforcement agencies have already shut down the Ponzi scheme that bilked you out of a substantial amount of money and has set up a liquidation trust that is selling off the criminal's assets; and so you are just now starting to receive periodic payments from the trust; is that right? If so. your question appears to be one of timing, i.e., how can you speed up the repayment process; right?

Answer: There...

Q: I have been falsely accused of sexual harassment by the superintendent of the coop that I live in.

1 Answer | Asked in Sexual Harassment, Civil Rights and Libel & Slander for New York on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.

Q: To file a motion of ineffective counsel to a lawyer barred in NH do we need a lawyer barred in NH as well to file

1 Answer | Asked in Immigration Law for New York on
Answered on Apr 2, 2019
Leonard R. Boyer's answer
The purpose of filing a motion in Immigration Court, citing "ineffective assistance of counsel" is done as part of a basis for seeking relief from the effects of the prior attorney. Immigration is truly federal law, so an attorney in any of the 50 states can handle your case. I am not offering an opinion on whether your prior counsel was ineffective or not (I don't know, nor does anyone else here). But for an Immigration Judge to accept that argument, there must be a causal relationship shown...

Q: an entered confession of judgment entered with incorrect amount, how can I modify or vacate it

2 Answers | Asked in Contracts for New York on
Answered on Apr 2, 2019
Michael David Siegel's answer
You need to make a motion in court. The cost and format depends on whether it is supreme or civil court.

Q: Can an employer make you sign an agreement that you won’t quit before x number of years? Is it legally binding?

1 Answer | Asked in Employment Law for New York on
Answered on Apr 1, 2019
Derek John Soltis' answer
No, it is not legally enforceable. If you want to discuss why someone would ask you to sign that talk with an attorney.

Q: I'm filling bankruptcy and my boyfriend is a co-signer on a loan. Is there a way he can be made to help pay for bankrupt

3 Answers | Asked in Bankruptcy for New York on
Answered on Apr 1, 2019
Karra Kingston's answer
Just because he’s a co-signer on a loan doesn’t mean that he will be forced to pay for your bankruptcy. He will still be liable for the debt because he is the co-signer.

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