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1 Answer | Asked in Landlord - Tenant for New York on
Q: Building is J51 on HPD; all tenants have Preferential rent as only Legal Rent, but my apartment is 421a with concessions

I am a few dozens years tenant, years on SCRIE.

Apparently situation is the revoked Preferential Rent ( after 2019 Act). In my renewal lease now is High Old LLR, though it was HSTPA change in 2020/2021; my bills are reversed to High Rent with Concessions. I researched Neighbours: all of... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

Dear Tenant

Something seems wrong with the underlying facts. The J51 should have expired. https://www.nyc.gov/site/hpd/services-and-information/tax-incentives-j-51.page#:~:text=Benefits%20granted%20include%3A,get%20the%2014%2Dyear%20exemption

Consider consulting an attorney.

2 Answers | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: What is a citation in a will? Its going to distributees. Will the distributee receive money? or is it just notifying?
T. Augustus Claus
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answered on Feb 15, 2024

In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... View More

1 Answer | Asked in Family Law for New York on
Q: is the father of a 19yr son who attends college (father pays for boarding & tuition) the legal guardian?

19yr old is physically and mentally fine with no problems.

T. Augustus Claus
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answered on Feb 15, 2024

In New York, a parent is not automatically considered the legal guardian of their child once the child reaches the age of 18, as they are considered an adult in the eyes of the law. This means the 19-year-old son, who is physically and mentally capable, is legally responsible for his own decisions,... View More

1 Answer | Asked in Employment Discrimination for New York on
Q: Is it fair that after six of employment I was told I could no longer wear my head covering without getting documents.

Hr was aware upon hiring and didn't ask for documentation however after six months I was told I needed paperwork

V Jonas Urba
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answered on Feb 15, 2024

"Head covering" could mean almost anything. An employment lawyer would examine your job duties first and foremost. Does your position description or your job duties pose a physical safety threat to you or others for wearing some type of unknown head covering?

Next an employer...
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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can I register for a new jersey license plate when I live in new york city
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

This is something that attorneys who deal regularly with DMV and related matters would know best, but your post remains open for two weeks. You could check with DMV's online resources, but many people who have out-of-state plates usually use an alternate address that they maintain in the other... View More

1 Answer | Asked in Employment Law for New York on
Q: I work at metro by T-Mobile and someone broke the store windows and my boss is blaming me and making me pay for them.

Someone vandalized the store which is the same person stalking me and harassing me and he found out where I worked and broke the store windows and I told my boss it might be him and he said I would have to pay for the damages when I wasn’t at fault at all I can’t control people.

Christopher Marlborough
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answered on Feb 13, 2024

The short answer is no, the employer cannot require you to pay the damage. In New York, there is a short list of deductions an employer may take from a worker's salary, like wage overpayment, taxes, etc. Needless to say, the list does not include property damage caused by your stalker. The... View More

3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

In addition to the NYS Court System resources my colleague mentions, there are other databases out there, such as PACER, and several commercial ones. Sometimes, a case could also come up in a simple internet search, but the court and legal databases are a more reliable resource. If you find the... View More

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

James L. Arrasmith
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answered on Feb 25, 2024

To find information on a case that may have been filed, particularly in New York, you would typically start by checking the online databases of the court where the case would have been filed. For personal injury and tort cases, this could be in a state or federal court, depending on the nature of... View More

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1 Answer | Asked in Health Care Law and Identity Theft for New York on
Q: What type of lawyer do I need in a breach of Hippo law against a primary doctor
Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

An attorney who works with health care matters should be able to handle HIPAA claims - you chose the correct category. You also chose Identity Theft as a category. If this resulted in identity theft related to information from your medical records, check your financial statements from banks and... View More

2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 10, 2024

USCIS can dismiss your case if you do not file a timely response to an RFE. You have the right to file a motion to reopen and explain why your case should not be dismissed based on good cause or excusable neglect. If that motion is denied, then you will have to refile the case and start anew.

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2 Answers | Asked in Immigration Law for New York on
Q: I missed my due date for RFIE , what should I do now?

USCIS said a request for initial evidence was sent in July ,2023 for my i485 application in February, 2023. I didn't receive any of the notices from USCIS in the mail so I didn't have access to the online account either to see the request when it was sent ( I have access now after some... View More

James L. Arrasmith
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answered on Feb 22, 2024

If you missed the due date for responding to a Request for Evidence (RFIE) from USCIS for your I-485 application, it's crucial to act promptly. First, you should gather the requested evidence, in this case, the I-864 form, as quickly as possible. Then, immediately reach out to USCIS to explain... View More

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2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
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answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: I booked a trip with a traveling agency and it never happened. Now the company has shut down. Can I sue for a refund?
T. Augustus Claus
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answered on Feb 9, 2024

If you booked a trip with a travel agency that has since shut down and your trip never occurred, you may have grounds to sue for a refund. However, the success of such a lawsuit depends on various factors, including the terms of the contract you had with the travel agency, the reason for the... View More

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Katherine Lee McArthur
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answered on Feb 9, 2024

In order to get an answer, look up you nearest Legal Aid office, where indigent citizens can obtain legal advice on certain types of legal matters. Most states have law that allow a parent to no longer support an able-bodied adult, after a statutorily fixed age, which is usually 18. If a special... View More

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2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Ms. Norka M. Schell
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answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

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1 Answer | Asked in Elder Law and Family Law for New York on
Q: I'm interested on becoming a gaurdian of someone. Where do I start? Do you serve Livingston county?

My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years

T. Augustus Claus
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answered on Feb 8, 2024

To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I signed a non disparagement agreeement with a plastic surgeon. Can I write truthful reviews without giving my opinion?

To get a discount on a mini-facelift, I had to sign a non-disparagement agreement. There was no positive outcome from my facelift. Can I write honestly about the pre and post op? I will write what happened which will be negative but be truthful.

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I wouldn't. A disparagement agreement is a restraint about making statements that are basically negative or derogatory in nature. It is a different legal standard than defamation, where truth could serve as a defense against an allegation of slander or libel. It's a safe bet that the... View More

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