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New York Questions & Answers

1 Answer | Asked in Real Estate Law for New York on

Q: I own a home with my daughter’s mother. We are both on the deed and on the mortgage. We split up about 2 years ago, I

Was forced to leave the residence she has paid the mortgage ever since. I have put close to 100,000 into the home, including the down payment. My question is can she sue me and take sole possession of the home?

Elaine Shay answered on Aug 12, 2019

When co-owners cannot resolve a dispute regarding the proper division of their interests in real property, either party can commence a partition case in court and seek an accounting. If the parties cannot negotiate a buyout agreement, ultimately the court can order the sale of the property and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on

Q: One month prior to the lease expiration and given oral notice for non-renewal. The tenant stayed after lease expired.

I send out an written notice of termination with 1 week extension. Would that be sufficient to proceed for eviction process in NYC.

Elaine Shay answered on Aug 12, 2019

Probably not. The Tenant Protection Act of 2019 ("TPA") which was recently adopted by New York creates additional protections for tenants and imposes expanded responsibilities on owners seeking to recover possession of rental units. Since the change to the law is so recent, even the NYC Housing... Read more »

2 Answers | Asked in Real Estate Law for New York on

Q: I am in contract to buy a home in NY, the seller has a Medicaid lien on the title and is having trouble clearing it.

My question is, how long do I have to wait to cancel the contract and get a refund on my deposit?

Elaine Shay answered on Aug 12, 2019

Generally, the contract of sale between the parties determines this issue and establishes the means of objecting to delay and demanding the return of the downpayment. Therefore, the best place to start in obtaining answers to your questions should be with the attorney you retained to represent you... Read more »

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1 Answer | Asked in Personal Injury for New York on

Q: If a security from my building hit me , Can I sue

Michael H. Joseph answered on Aug 11, 2019

Yes. Any unauthorized physical contact is a battery

1 Answer | Asked in Child Custody and Family Law for New York on

Q: What could happen and should I put a stop to child going to grandparents

I have 4 kids my frist child has been going to my bio parents since she was born lived there for the frist2 1/2 years of her life my boyfriend now has an issue that the bios dont get the other children and never have and wants me to put a stop to the 8 year old going now what's ur thoughts. The... Read more »

John Anthony Pappalardo answered on Aug 11, 2019

I would urge you to do what you think is in the best interests of your children

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: Sold house in 2011. A cert of occ was never issued for an added structure prior to sale. is the sale valid?

Added 1st floor sun room to single family house (with permit) in 1983. Unknown to original owner, inspection for remodel was never recorded by bldg dept. Sold house in 2011. An agrmnt with buyer and lender was made for buyer to procure inspection to receive the required CO. Agrmt obligation... Read more »

Michael David Siegel answered on Aug 11, 2019

Sales are generally "as is" unless there is an agreement to the contrary. You referenced some escrow agreement. The sale will be governed by that document. No one should close without a valid certificate of occupancy. Whatever the buyer did (I am unsure if you are buyer or seller) was a mistake.

2 Answers | Asked in Criminal Law and Immigration Law for New York on

Q: Can green card interview succeed with open criminal case?

I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was... Read more »

Leonard R. Boyer answered on Aug 9, 2019

You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.

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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New York on

Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »

Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled... Read more »

1 Answer | Asked in Business Law for New York on

Q: Would my holding company be better as a c corp or just llc

Michael David Siegel answered on Aug 9, 2019

This is totally a tax issue which depends on your tax return. There is no set answer.

1 Answer | Asked in Sexual Harassment for New York on

Q: A coworker had contacted me over a documented server and relayed a very graphic sexual experience. Sexual harassment?

Im new to my workplace and a coworker IM’d “hello. I just like to get to know all of the new workers.” We exchanged back and fourth about our school and work histories but he asked abruptly “what’s the dirtiest thing you’ve done? Not PG.” And I said nothing. He then proceeded to say... Read more »

William Jaksa answered on Aug 8, 2019

Difficult to fully and properly answer, context is everything, but briefly, sexual harassment can include: Unwelcome sexual advances; Offensive remarks about a person’s gender; Requests for sexual favours; Physical intimidation. It all depends on the context the remarks are made and if they... Read more »

4 Answers | Asked in Personal Injury for New York on

Q: Hello, I cannot afford a lawyer, but I need one for a slip and fall case. Bayside, NY 11360

Anthony A. Ferrante answered on Aug 8, 2019

Good afternoon -

Personal injury attorneys work on a contingent fee basis, which means that they do not get paid a fee unless they help you obtain a successfully money recovery.

This site has helpful information with these types of claims:...
Read more »

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1 Answer | Asked in Divorce and Family Law for New York on

Q: I have a finalized divorced from Bronx County Court, may I move to NJ without going through court?

I am the custodial parent and child resides with me and has resided with me since separation. House address is 17 miles away.

Lawrence Allen Weinreich answered on Aug 8, 2019

The answer to that question depends on what your Judgment of Divorce says and what is in your Stipulation of Settlement. Most often there is a radius clause in agreements that specify how far you can move. In most cases, this precludes a move to another state. The best way to be sure that you... Read more »

1 Answer | Asked in Real Estate Law for New York on

Q: Is a New York state deed valid between the parties in it, if it is not notarized?

Michael David Siegel answered on Aug 8, 2019

A deed must be acknowledged, which is not the same as notarized. Thus, short answer to your question is no.

1 Answer | Asked in Banking and Business Law for New York on

Q: I was 50% owner of a small corporation. When I retired I gave my shares to my partner for $1 with the understanding that

he would pay outstanding loans. Two were in my name personally but he has agreed to pay them off. Years have gone by and I am making payments but nothing from him. About $40,000. Can anything be done?

Michael David Siegel answered on Aug 8, 2019

You can sue, but the case will turn on your proof, which seems thin based on your post.

1 Answer | Asked in Divorce for New York on

Q: I've been married 30 years. my wife packed up to leave me & move to Puerto Rico.

She abandoned me gone 5 years, I do not have small children. Now she wants a divorce. If she files out there do I have to fly out there if I decided to contest it? or does she have to come to New York if I file

Lawrence Allen Weinreich answered on Aug 7, 2019

Whoever files first will have jurisdiction in that place.

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on

Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?

Tyler Fredrickson answered on Aug 7, 2019

Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending the... Read more »

1 Answer | Asked in Business Law for New York on

Q: What paperwork must I file with NYS to transfer ownership of a corporation, with no assets ?

Michael David Siegel answered on Aug 7, 2019

Short answer -- none. Best practices answer -- amend the certificate of incorporation to change the address for service of process.

2 Answers | Asked in Real Estate Law for New York on

Q: Is it required in New York for a deed to be recorded in order it should be valid?

In some states it is required and in some not

Michael David Siegel answered on Aug 7, 2019

An unrecorded deed is valid between the parties in it, but third parties are not bound, and any recording done before the deed is recorded has priority.

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1 Answer | Asked in Business Formation and Business Law for New York on

Q: How do I move an LLC from NY to CA in a process that results in a domestication equivalent.

I am under the impression that New York doesn't allow for domestication, and because it is required in both states it wouldn't be possible as a result. Therefore, my only options would be creating two LLCs, potentially dissolving the original, or creating a foreign entity in CA. However, I recently... Read more »

Michael David Siegel answered on Aug 7, 2019

There would be no reason to do this. It does not impact taxation or operations.

1 Answer | Asked in Contracts and Legal Malpractice for New York on

Q: How can I get contents of my complete settled and disposed file from my attorney in my tort case?

established attorney - client relationship in 2012, he began the case in 2014 settled in 2019 the case?documents the judge's decision of the settlement, mediation, signing the settlement agreement for opposing side, and copy of the settlement check with his signature. he didnotprovide my file... Read more »

Michael David Siegel answered on Aug 6, 2019

You are entitled to it. Write the lawyer and ask.

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