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answered on Oct 12, 2024
If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.
Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters... View More 
I sleep over at my girlfriend's house sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily... View More
answered on Oct 11, 2024
Dear Brooklyn Tenant
I responded to your issue on another online forum.
Your girlfriend's landlord does not have a lease provision for restricted overnight guests or even a two week visit.
But your girlfriend resides in a jurisdiction that has not embraced Good Cause... View More
I sleep over my girlfriends sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily live in Brooklyn... View More
answered on Oct 10, 2024
Dear Brooklyn Tenant
If you moved in permanently as a Roommate the landlord has no legal basis to complain.
But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
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answered on Oct 13, 2024
In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
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answered on Oct 10, 2024
Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More
My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More
answered on Oct 9, 2024
It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More
I had a WC case settled on medical. I did have a lien from WC case in NY. My personal attorney used lien money to leverage the settlement be a higher amount which I understood. During mediation she found out the numbers were incorrect, I lost out on significant amount of money. Now she is... View More
answered on Oct 8, 2024
It is not uncommon for the lien amount with which you negotiate a settlement is different than the final lien amount. That said, the attorney should arguably take reasonable efforts to get an updated lien amount before engaging in settlement discussions (and finding out whether you settled the... View More
I sublet a room in an apartment in NYC. The sublease was meant to be for a year but the main tenant decided it was not working out and asked me to vacate within 30 days. That will place my last day of occupation part way through next month. Can they charge me for the full rent next month if rent is... View More
answered on Oct 7, 2024
Dear Manhattan Roommate.
You are not a subtenant if you rent a room only. I gather that you had a written agreement for one year.
If so a verbal request for you to move out in thirty days had no legal effect on the one year rental agreement.
The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More
answered on Oct 7, 2024
There are too many variables for a situation like yours to give you a definitive (and fair) response to your question. But because you raise important points, especially related to how the law in New York has changed regarding statutes of limitation, I highly recommend you speak to a qualified... View More
It was a car accident in queens against DOT, I had surgery .
answered on Oct 8, 2024
Although cases against public entities such as the MTA generally take longer than cases against private defendants, eight years is a bit long. Best to speak with your attorney and ask about the status of your case. Given the age of your case, it should arguably be on the trial calendar. Keep in... View More
It was a car accident in queens against DOT, I had surgery .
answered on Oct 7, 2024
There could be a number of reasons. First, make sure your attorney filed the proper notice of claim and filed suit timely. There are deadlines for legal malpractice as well. Otherwise, call your attorney and ask why. Unless the case experienced the wrath of covid-delays, a trial, or an... View More
It was a car accident in queens against DOT, I had surgery .
answered on Oct 7, 2024
A 2016 case - that seems like a long time - I agree with my colleague there. If it was a Department of Transportation vehicle, that could make for a long timeline - especially if liability was contested. On the other hand, if the Department of Transportation context is based on your case involving... View More
It was a car accident in queens against DOT, I had surgery .
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answered on Oct 7, 2024
That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More
answered on Oct 5, 2024
Dear Newburgh Property Owner:
What is the landlord's procedure for a tenant of 10 years to leave the rental?
It is far more difficult now than before your city adopted Good Cause Eviction.... View More
My rent was never increased for years and now an arrears team is trying to clean up their financials and wants to retroactively charge me 3 years of increases. It is their personal error how can they be allowed to do that?
answered on Oct 5, 2024
Dear Brooklyn Tenant:
Generally, no. Since you paid rent as billed by the landlord, you could raise it as a defense accord and satisfaction, payment, waiver, and other affirmative defenses if sued for the rent.
Meanwhile, I suggest you now show your documents to a lawyer for analysis.
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 5, 2024
I'm sorry that your kindness toward animals has resulted in an ordeal for you. I don't know how the grandfather clause you mention would work, but what you describe seems to be statutes on different levels. So it might not be unusual for local statutes to be stricter that higher-tier... View More
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 4, 2024
Dear Jamestown Home Owner:
It is not you alone. Many jurisdictions place restrictions on wildlife feeding.
https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=... View More
It's a form of misconduct and I am pretty sure someone walked past the house and took my picture with their phone that I didn't know
answered on Oct 4, 2024
It could depend on the policies of the agency and how aggressively they might handle such a situation. The employment law attorneys here would know this best (it's posted under "Health Care Law"), but you're awaiting a response for a week. Until you consult with an employment... View More
Our rental lease ends June 2025 and we want to negotiate an early lease termination with our current landlord.
We want to move as my wife gave birth to multiples and with a toddler already the 2 bedroom is too small and challenging. I‘m afraid that postpartum my wife could be to stressed... View More
answered on Oct 3, 2024
Dear Manhattan Tenant:
You avoided a colossal error. Since 2019, New York State tenants breaching a lease and leaving an apartment with money owed on a lease without a release from the landlord can sit back and wait for the landlord to rent the apartment again before even confronting the... View More
She went away in 2022 and her next board is may 2025. She completed shock, all her programs and has zero disciplinary tickets. She is just looking for an opinion on if this 4th parole hearing may go in her favor. She and I understand that the lawyers on here dont have the case in front of them so... View More
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answered on Oct 2, 2024
Well something in your question doesn't make sense to me. You state that she competed the Shock Incarceration Program. If that is the case, she should have been released upon successful completion of the six month Shock program. It sounds like she did not complete Shock successfully and that... View More
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