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1 Answer | Asked in Personal Injury for New York on
Q: Injury from a store fall, I was offered $500 but don't think its fair, what would a fair offer be?

I fell from sitting on an outside chair in a store when the leg broke hitting my shoulder (which I had previous surgery on) on the floor. The maker of the chair has offered me $500 but I don't think it's a fair offer. I've had pain in this arm since it's happened, my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

I'm sorry about your fall. Unfortunately, it would be difficult for attorneys here to answer your question about a figure for a counteroffer. They would likely want to review your medical records, the impact of the injury on your life, time disabled/not able to work, and prognosis for... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a 66 year old woman I have been harassed verbally abused humiliated and threatened at work for 15 months now. I

couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?

V Jonas Urba
V Jonas Urba pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord is avoiding my notice, can I withhold rent next month for not having a smoke detector?

I sent a notice saying please reply when the installation can be made but he hasn’t even seen it yet. Do I have to wait until he sees it or can I start withholding rent or take other action so he doesn’t keep ignoring me? He has been avoiding me for almost a month now.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 9, 2024

Ordinarily a dwelling is required to be set up in New York State with operating smoke and carbon monoxide detectors. Withholding rent without your own attorney advice is a risky strategy. But calling local code enforcement and arranging for an inspection should provide the notice of housing code... View More

1 Answer | Asked in Tax Law, Consumer Law and Business Law for New York on
Q: Is it normal to be charged tax on a repair of a musical instrument in NYC?

I brought in a violin to a luthier in Brooklyn NY to fix. She first told me a price for the job and I agreed and left it by her.

She also gave me a paper to sign which showed the original price. For some reason, she didn't give me a copy of the paper at that time.

Now two... View More

James L. Arrasmith
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answered on Mar 8, 2024

In New York City, charging sales tax on the repair of tangible personal property, including musical instruments, is standard practice. The tax applies to both the parts and labor involved in the repair, not just the physical items purchased as part of the service. Therefore, it's normal for... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was emailed a summons for a malpractice with a document to complete for an insurance claim. How should I proceed?

I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

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

In developing an app aimed at helping users make informed decisions when going out, it's crucial to consider copyright laws when using content from venues, such as photos or videos from Instagram and websites. While reaching out to venues for permission is a commendable step, the absence of a... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

James L. Arrasmith
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answered on Mar 8, 2024

The legality of using your own photos and videos of nightclubs for a commercial app depends on several factors. Here are some key considerations:

1. Copyright: If your photos/videos capture any copyrighted material such as artwork, logos, or distinctive architectural features, you would...
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1 Answer | Asked in Health Care Law for New York on
Q: Hiding medical records? Or are they still in your portal?

Hello

How long do hospitals hold on to your records for? Are all the records and paperwork in your patient portal? All of them? Even mistakes they may of made?

Thank you

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

It could depend on the facility, types of records, age of patient, HIPAA or state guidelines - but many entities go by six years in New York. Here's a link address for Section 405.10 of the N.Y. Codes, Rules, and Regulations for medical records -... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can the primary tenant in a roommate holdover case can adjourn case due to lack of legal representation?

On Primary Tenant behalf ???

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 5, 2024

Dear Manhattan Tenant

While the statute only deals with the tenant right to a 'free' adjournment to secure counsel as a Petitioner you will require the consent of the Roommate and the Roommate's attorney and the Judge as well.

Beware if you securean adjournment this...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord changed the key and i cant get in becouse she said she will call the cops if i do what do i do?:
Elaine Shay
Elaine Shay
answered on Mar 5, 2024

Generally, if a tenant who has been illegally locked out calls the police, the police will require the landlord to provide access. If this doesn't work, you can go to your local housing court and start an illegal lock-out case to regain possession.

1 Answer | Asked in Immigration Law for New York on
Q: Hi I haven’t received my biometric appointment but I received an interview notice

I applied for naturalization

I contacted the USCIS tools website with this question and have been waiting for their reply

What should I do?

James L. Arrasmith
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answered on Mar 4, 2024

Receiving your interview notice before your biometric appointment for naturalization can indeed be confusing, as the usual process involves completing biometrics before the interview. However, there can be variations in the order of these steps based on scheduling and administrative decisions by... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: What to do when landlord has refused to respond to a tenant and do no repairs,yet sends a quit amounts of rent not owed

I live in a home that is supposedly 2 apartments,my son lives on the otherside of me,the landlord has decided to send him and i notices to quit,each for$ 23.000

That would equal 46000 all together, now hes served court papers to evict my son,and not me,yet jes never talked to me or made any... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Dear Elmira Tenant:

Rent is a debt to pay to a landlord only when a rental agreement exists. A rental agreement may run month to month. Still, no landlord will find a judge ready to believe that both tenants in the two-family house simultaneously continued to live in the building without...
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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: What recourse is there against landlord who non-renews for retaliation?

We received the notice over 90-days prior to renewal (June 1), that our lease will not be renewing. We have lived in this apartment building (with over 190 units) in Rochester New York for four years now. We have always paid our rent in full and on time, have not violated any lease terms/community... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Dear Rochester Tenant:

In New York State housing law, retaliatory eviction is among the recognized statutory defenses a tenant has available when the landlord terminates the rental agreement, and the tenant contests the end of the tenancy as a defense of the landlord's holdover...
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1 Answer | Asked in Real Estate Law for New York on
Q: How do I know if I qualify in a class action lawsuit?

I've heard that there's a class action lawsuit against some real estate businesses for artificially increasing their commissions. I bought a house in 2021. It went on the market for $230K and I agreed to pay that since it was a house I really wanted. A few days later, my agent phoned and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

It seems your lawyer did not negotiate very well. One could say that as long as the Seller believed you would pay more than 230,000, they returned to your broker with the nonsense that someone made a better offer. They could have taken the better offer. For all you know, you were bidding against... View More

2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... View More

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2 Answers | Asked in Probate, Estate Planning and Civil Litigation for New York on
Q: can a will/or unofficial will be contested by a non family member ?

can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will

Benjamin Z. Katz
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answered on Mar 4, 2024

An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More

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1 Answer | Asked in Family Law and Child Support for New York on
Q: What is required regarding college acceptance for my daughter with her father - do I need approval or is notification OK

Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.

Nonetheless, assuming arguendo that the asker...
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1 Answer | Asked in Immigration Law for New York on
Q: H1-B approval while out of the country

I have H1-B transfer in process through an employer. I have not resigned from the current company and need to take an urgent international trip. Will there be an issue for re-entry on current company’s I-797 if the H1-B transfer approval comes while I am out of country?

James L. Arrasmith
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answered on Mar 4, 2024

If your H1-B transfer is approved while you are outside of the country, generally, you should not face issues re-entering the U.S. using your current company's I-797, provided the visa stamped in your passport is still valid and was issued for your current employer. The I-797 form from your... View More

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