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1 Answer | Asked in Insurance Bad Faith for New York on
Q: I was rear-ended at a red light by 2 vehicles and injured badly. The claims adjuster will not give me any lost wages

This process has been dragged since the day of the accident which is July 24, 2024. I’ve received one very small payment in almost 4 months. I feel like I’m being punished for even filing

a claim… I’ve had utilities shut off, car insurance policy cancellation, phone shut off, etc.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

I'm sorry about your accident and the upheaval that it has caused in your life. I hope you are okay and recovering from your injuries. What you describe is not uncommon. Although no-fault benefits under New York insurance law cover medical expenses and lost wages, self-employed claimants often... View More

2 Answers | Asked in Family Law and Legal Malpractice for New York on
Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac

My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 5, 2024

Sorry to hear what you're going through. Although New York does not recognize a cause of action for "wrongful life", it does recognize one for "wrongful birth". In a wrongful birth action, the parents would claim damages for the extraordinary costs of raising a child with... View More

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2 Answers | Asked in Family Law and Legal Malpractice for New York on
Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac

My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Grandfather died. My mother who was his listed as the beneficiary died 9 days after him? He had no will. What happens?

He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.

Uncle says life insurance payout is on hold because they need my mother's death certificate.

Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.

Jason  Turchin
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Jason Turchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How may my wife take over our apartment lease if the current leaseholder isn’t renewing?

My brother is the current leaseholder of our Bronx residence. Due to prior financial difficulties, I have been subletting from him for over five years without formal authorization from the property owner, and this arrangement lacks written documentation. My wife and I have cohabited in the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 30, 2024

Dear Bronx Tenant

Is this a Rent Stabilized apartment?

Does your brother also live in the same apartment with you and your wife?

If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.

If your brother is living in the...
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1 Answer | Asked in Criminal Law for New York on
Q: Hello, my brother was attacked while in custody at Cayuga Correctional, he is now deformed -does he have a case?

wondering how to go about getting someone to represent my brother, can someone advise further? TY so much

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 29, 2024

Sorry to hear what happened to your brother. Whether he has a case will depend on whether his attack was foreseeable and therefore preventable. A sudden, spontaneous attack that could not have been foreseen, no less prevented, does not give rise to any legal liability on the part of the State.... View More

1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Im a lisensee at familys house been living there 10 plus years but they changed the door locks and i cant get in..
Steven Warren Smollens
Steven Warren Smollens
answered on Oct 27, 2024

Dear Brooklyn Resident

Who defined your legal status as a Licensee?

If you are as you say then you may not have anti eviction protection like a tenant.

I wouldn't take your word for this.

Why not try to see if a Housing Court Judge in Kings County will...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Can I sue my CAP housing program for denying me an emotional support animal even though I have a mental disability?

My therapist was doing paperwork for one but the housing told me if I get an ESA I will get kicked out

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 27, 2024

Dear Catskill CAP Housing Tenant

I do not know what the basic pet ownership rules are for your Housing. An ESA is not a service animal. NY State has certain anti discrimination rules relat

ing to ESA animal companions that are more expansive than the Federal Rules.

I...
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3 Answers | Asked in Estate Planning and Probate for New York on
Q: Grandfather died on October 6. My mother who is one of 4 Children of his died October 15.

Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?

We... View More

Benjamin Z. Katz
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Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2024

When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: 5-day late rent notice is undeliverable via certified mail (NY) - what other options do I have?

My family law attorney told me to seek help regarding this particular matter- it's outside the area of her expertise.

My mother, father, and grandmother (maternal) lived together for the last 30-ish years. My mom passed 3 years ago, and my father still has not moved out. The house is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 24, 2024

Dear Albany Family Member:

You hire an attorney for your grandmother who knows how to do eviction proceedings.

The only obligation created by the Legislation relating to the five day letter is that it is mailed by certified mail to the tenant. There is no further obligation....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a case hearing at housing court for non-payment of rent for certain months which I have proofe

The judge will dismiss my case since I have the proof of payment...but sincec i received the court notice, I stopped my rent payment from March, 2024...so my concern is whether the landlord or his attorney has the authority to request the judge right away to issue another notice of non-payment... View More

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

Dear Brooklyn Tenant:

First things first. I gather that your initial court date is looming, and you filed the Answer to the nonpayment petition around March/April 2024.

Since the landlord's attorney decided not to offer to discontinue the case when you answered that you paid...
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3 Answers | Asked in Immigration Law for New York on
Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

2.Is there any chance... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 20, 2024

There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be... View More

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3 Answers | Asked in Immigration Law for New York on
Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

2.Is there any chance... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 21, 2024

A tourist entering the country solely for visitation purposes, but then changes his mind can get married to a US citizen and adjust status to get a green card. If he enters the country with a specific intent to reside permanently, then that would be considered Immigration Fraud. But it’s not... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2024

I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 21, 2024

Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More

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1 Answer | Asked in Family Law for New York on
Q: How do I file a petition to dismiss a case in Nassau County, NY Family Court?

My ex-husband just filed a petition in Nassau County NY Family Court to re-evaluate child support. Our divorce was finalized in Delaware County a year ago and the Delaware County Judge retains jurisdiction. Also, our mediated divorce agreement states that any court filings will be immediately... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

One does not file a petition to dismiss but rather one files a motion to dismiss. This motion requires particularized legal skill that a lawyer has. The asker must retain counsel.

A crucial factor mostly out of the minds of all Americans is that no one has any rights unless the person...
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1 Answer | Asked in Divorce and Family Law for New York on
Q: My wife inherited a very large inheritance in October 2023 which she never told me and wants my IRA, Annuity in divorce

Need legal advice concerning this matter if that is legal

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from... View More

3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Carl Nelson
Carl Nelson
answered on Oct 14, 2024

You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer...
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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2024

I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being... View More

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