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1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: I am an Amazon seller, recently I sent a shipment to FBA to sell, however, it was mishandled and lost by Amazon.

amazon claims that the shipment was not labeled according to their policy and therefore disposed of it, My question is. attached to the shipment were the shipping documents with all my info my name, contact info, etc. Did Amazon have the legal right to dispose of my goods or did they have to notify... View More

T. Augustus Claus
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answered on Feb 7, 2024

In New York, as an Amazon seller facing the situation where your shipment was disposed of by Amazon due to alleged non-compliance with labeling policies, the key legal question revolves around the terms of the agreement between you and Amazon, particularly regarding their fulfillment services... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I am moving into an apartment on 15 February in New York City. Can the landlord charge me from 1 February?

I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?

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

Dear new New York Tenant:

New York residential leases do not necessarily require the lease term commencement date to coincide with the day the landlord will allow you to occupy the apartment. If you accepted a lease and a rental period starting on February 1 with an occupancy date of...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I am moving into an apartment on 15 February in New York City. Can the landlord charge me from 1 February?

I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?

T. Augustus Claus
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answered on Feb 7, 2024

In New York City, a landlord can technically charge rent from the 1st of February if that's what your lease agreement stipulates, regardless of your move-in date being the 15th of February. However, lease terms, including the start date of your tenancy and when rent is due, should be clearly... View More

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3 Answers | Asked in Car Accidents for New York on
Q: A woman hit me in my car back in November. Her insurance company covered the repairs but not the whole rental car bill.

I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?

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

As my colleague correctly advised, unless the insurance company of the rental agency (or perhaps your credit card company) is willing to go to bat for you, you'll have to bring a proceeding in small claims court against the woman whose vehicle hit you. Given the amount in controversy, it is... View More

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3 Answers | Asked in Car Accidents for New York on
Q: A woman hit me in my car back in November. Her insurance company covered the repairs but not the whole rental car bill.

I was charged $206.77 on the rental car for the insurance. Since the accident was not my fault. (She rolled through a stop sign and T-boned my car. I called her and her father called me back saying they will not pay anything and was super rude. How can I get my money back from them?

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2024

I hope you're okay. If there were no injuries, which your post suggests, your options could possibly include small claims or civil court - carefully review any denials from the insurance carrier. They may in their fine print include additional information about your recourses and the suitable... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: Will wrong licence plate number on tickets help me get it dismissed?

I got 2 tickets in Woodbury, NY, one for going 63 in a 30 zone, and another for speeding unresponsible and prudent. But I noticed a totally wrong licence plate number on both ticket as well as on the supporting deposition.

Will that help with anything?

Michael Arbeit
Michael Arbeit
answered on Feb 7, 2024

Where are the tickets returnable at? If the license plate is off by a digit or two, that probably will not make much of a difference if the rest of the information on the ticket is correct. The cop gave you 2 separate speeding tickets? Call an attorney for a consult.

2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

Brian J. Reilly
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answered on Feb 7, 2024

It is not clear what you mean as a green card confirmation: An approved I-140 immigrant visa? I-485 adjustment of status application receipt? An adjustment of status application pending over 180 days?

The short answer is you can't "work" or draw a salary from anyone except...
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2 Answers | Asked in Immigration Law for New York on
Q: I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

I have an H1B through my tech employer, I have a green card confirmation (I-485 adjustment of status application receipt) and I wish to co-own a startup 50/50 with a US citizen. I am wondering if i can "work" for this startup and what the procedure/if any I may need to deal with to do... View More

James L. Arrasmith
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answered on Feb 22, 2024

Having an H1B visa and a pending green card application can indeed impact your ability to work for or co-own a startup. With the H1B visa, your employment is typically tied to the sponsoring employer, and any additional work or ownership outside of that employment may require authorization or could... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my friend won't leave my apt

I let my friend stay in my apt for 8 months while out of town, now I'm back and she won't leave, she moved her stuff in. There is no lease with her, I'm the only one on the apt lease and I refuse to be homeless. When I move back in, we'll just have to deal with housing court... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2024

I gather that this apartment is your primary residence, you have a current lease, you pay the landlord rent for the apartment, your landord did not charge you for a lease violation [sublease or assign without permission], the apartment has space for two unrelated adults to have private sleep and... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: How to remove an ex girlfriend from the home I own. She is not on the deed but refuses to leave. It has been over a year

My ex girlfriend is refusing to leave the home I own. She moved in with me when I bought the home but is not on the deed of my home. There is no lease agreement and I asked her to leave in October of 2022. I have filed the 10 day three times then a 30 day and she never responded but when I went to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2024

There is a path to take but you will require an attorney. You and your attorney will decide how to describe the legal status of the Ex you allowed to live in your home. Likely after so much time and after abandoned attempts to get to a judge you may require Real Property Law Section 226-C written... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How to remove an ex girlfriend from the home I own. She is not on the deed but refuses to leave. It has been over a year

My ex girlfriend is refusing to leave the home I own. She moved in with me when I bought the home but is not on the deed of my home. There is no lease agreement and I asked her to leave in October of 2022. I have filed the 10 day three times then a 30 day and she never responded but when I went to... View More

T. Augustus Claus
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answered on Feb 6, 2024

In New York, removing an ex-girlfriend from a home you own, where she has been living without a formal lease agreement, can be complicated, especially when she refuses to leave voluntarily. Given that she has resided in the home for over a year, she is likely considered a "tenant at will"... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: A day before vacation I got sick. saw a doctor and got a note. my work wanted me back since i already was on meds.

My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.

If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on...
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3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More

Carl Nelson
Carl Nelson
answered on Feb 6, 2024

You've only used the term"borrower," which is distinct from any ownership interest in property, but because you refer to being on a mortgage, I would assume you both have an ownership interest. In that respect, it is possible for one co-owner of a piece of property to seek to... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

My colleagues offer sound advice in terms of consulting with an attorney. Most med mal firms work on a contingency basis and offer free initial consults. In addition to your own searches, there is the "Find a Lawyer" tab mentioned by Mr. Ratchik, as well as attorney referral sections... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

You can find many excellent malpractice attorneys using the Find a Lawyer tab on the JUSTIA homepage. Before you can file a lawsuit against Bellevue Hospital, however, you must first file a Notice of Claim with New York City Health and Hospitals Corporation (NYCHHC) within 90 days of the alleged... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: We are 65 & 70, on a wait list for a senior housing complex. Will we be penalized if we break our current lease?

We don't want to go month-to-month on our current lease, as it increases our rent by about $500 per month. If we re-sign our lease, but a unit becomes available in the senior housing complex, can we break our existing lease without penalty?

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

Dear Rochester Tenant

How is it possible that the rent will increase $500/month? New York State law says that when a tenancy goes month to month the rent remains exactly the same as the rent paid before the lease ran out.

Moreover in New York the landlord must propose a new lease...
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2 Answers | Asked in Family Law for New York on
Q: Sole custody and finding by the Office of Children and Family Services

If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

We do not understand how there can be an order of custody between parents residing together. Nonetheless, assuming this is true, that a couple resides together with an order of custody and visitation between them, we will take a stab at answering this question.

There are very many moving...
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1 Answer | Asked in Education Law for New York on
Q: I completed bachelor of laws under the uni of london but didn’t got licensed yet. So can I take the nyc bar exam ?

To take the bar exams in the ny state :

1) do I need to have experience even after getting licensed ?

2)can I become licensed in any country and get qualified for the ny bar exam ?

3)so there r different terms used for a licensed lawyer(I.e attorneys) in different... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

Congratulations on getting your degree. In terms of bar exam eligibility, that's something that the board of bar examiners would know better than most practicing attorneys. I'm not certain about details, but I have heard about N.Y. programs where foreign law school graduates can sit for... View More

1 Answer | Asked in Employment Law for New York on
Q: Can I ask a Employee that drives a tractor trailer for medical clearance , if I observe him looking medically unfit?

He took vacation for some weeks and came back ready to work and he mentioned to us he couldnt move his arm for one day and felt weak. He said he went to the doctor and they checked him and said he is ok after running test. We are just concerned with him driving and possibly getting into a accident.

Christopher Q. Davis
Christopher Q. Davis
answered on Feb 5, 2024

Under the ADA, a disability-related inquiry or medical examination of an employee may be "job-related and consistent with business necessity" when an employer "has a reasonable belief, based on objective evidence, that: (1) an employee's ability to perform essential job... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be... View More

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