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1 Answer | Asked in Immigration Law for New York on
Q: Illegal immigrants left to die?

Hello

A suspected csf leak which is the most misdiagnosed thing there is, has gotten to the point where said person is almost blind at this point. My question is, does the emergency room take care of that and it's underlying problem even if that person is undocumented with no... View More

James L. Arrasmith
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answered on Apr 1, 2024

Hello,

In the United States, emergency rooms are required by law to provide care to all patients regardless of their immigration status or ability to pay. This includes urgent conditions that could lead to serious health consequences, such as potential blindness. A suspected cerebrospinal...
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1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: How long can a parent go without seeing or asking about their children? before its considered abandonment?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord has done some immoral and illegal stuff I want to know if it’s possible to sue him for money or the building

He has allowed the tenants to bully me, and vandalize my property.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear you're dealing with such a difficult and stressful situation with your landlord and fellow tenants. Here are a few thoughts:

It sounds like there may be grounds for legal action if your landlord has failed to maintain a safe living environment and has allowed...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More

James L. Arrasmith
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answered on Mar 31, 2024

As a landlord in New York State, it is legal to accept advance rent payments from a tenant, as long as you are not requiring it as a condition of the lease. If the tenant is voluntarily offering to pay rent in advance to manage their fluctuating income, you can accept the payment.

However,...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 31, 2024

Dear Newburgh Property Owner:

You would need your own attorney to approve the acceptance of three months' rent paid in advance. New York State law says that you cannot do so even if you are not the party to bring up the idea.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me because we had an argument about the heat which is included in the lease and he wasn't providing

Now he gave us a 90 days notice which is done already?

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your situation with your landlord. It sounds like a frustrating and stressful experience.

The specifics of landlord-tenant law vary by location. In general though, a landlord cannot legally evict a tenant in retaliation for the tenant exercising their legal...
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1 Answer | Asked in Criminal Law and Landlord - Tenant for New York on
Q: Spy cams in my mother's apartment. I'm the eldest son and I'm a visitor. My 2 half brothers and stepfather are tenants.

How do I approach this as a visitor(I'm the eldest son) to my issue since I speculate that my 2 half brothers have awareness about having the spy cam all over the living room, kitchen, and bathroom at my mother's apartment in Queens, NY? The family on the 2nd floor of the house and... View More

James L. Arrasmith
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answered on Mar 31, 2024

Arnold, this sounds like a very distressing and violating situation. I'm so sorry you are dealing with this. If you genuinely believe there are hidden cameras in the apartment recording you without your consent, that is a serious invasion of privacy. Here are some suggestions on how you could... View More

2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I counter-sue a former tenant who didn't give me time to pay back security deposits and also defame me?

Landlord here, my former tenants(two) are suing me for twice their security deposit fees... I was initially going to give it back once they completely moved out but on their last day, they decided to post on Facebook how much of a s***** landlord I was and urged people not to rent my place. even... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations like yours, considering counter-suing for defamation might be an option if you can prove the former tenants made false statements that caused you harm. Defamation involves publishing false statements to a third party that damage a person's reputation. If the tenants' claims... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, I'm a landlord and I need to increase my tenants rent. I have a month to month agreement. No lease.

I will give them a 90 day notice due to them renting for more than 2 years. If the tenant doesn't agree with the rent increase will I need to give them another 90 day notice or can I use the 90 day rent increase notice as there 90 day eviction ? Thank you

James L. Arrasmith
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answered on Mar 30, 2024

When planning to increase rent for tenants who have been renting for more than two years, giving a 90-day notice is a thoughtful approach, respecting both legal requirements and tenant relations. If a tenant disagrees with the rent increase, it's crucial to understand that the notice for a... View More

1 Answer | Asked in Estate Planning for New York on
Q: If I set up a Totten trust with the executor of my estate as the beneficiary of my various financial accounts can she,

upon my death use all the various funds to pay my heirs without her paying gift taxes. Thank you for your time and attention.

Nina Whitehurst
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answered on Mar 30, 2024

You are better off not naming any beneficiaries for any of your accounts and allow the executor of your will, after court appointment, to collect them and distribute them according to the provisions of your will. The problem with your proposed strategy is the person you meant to be your executor... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: What happens in a situation where a tenant had verbal agreement with landlord that utilities were included. Bldg sold.

New landlord, one yr in to ownership , suddenly stops paying utilities. Utility Co now demands back payment from tenant and is threatening turn off of services. What rights does tenant have?

James L. Arrasmith
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answered on Mar 30, 2024

In situations where there was a verbal agreement with the previous landlord that utilities were included in the rent, and the building has since been sold to a new landlord who has stopped paying for these utilities, it's crucial to understand your rights and possible courses of action.... View More

2 Answers | Asked in Legal Malpractice for New York on
Q: When is a personal injury attorney required to disclose his costs in putting on the case?

Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

Yes attorneys need to provide their clients a disbursal statement.

The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.

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2 Answers | Asked in Legal Malpractice for New York on
Q: When is a personal injury attorney required to disclose his costs in putting on the case?

Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

If the attorney held the funds in escrow, that interest doesn't usually go to the attorney or client. Law firms generally use IOLA accounts, where the interest would go to an IOLA Fund, used for public legal programs. Good luck

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

James L. Arrasmith
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answered on Mar 26, 2024

When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

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

When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More

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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: How to dispute a charge with credit card company due to merchant not providing all services in contract.

Contract says "no refunds" but they didn't provide all of the services.

James L. Arrasmith
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answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

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1 Answer | Asked in Immigration Law for New York on
Q: ERROR MESSAGE WHEN TRYING TO PAY IMMIGRANT VISA FEE $220

Good morning, I am the applicant of my mother and she has received her immigrant visa a week ago. Now iam trying to pay Her immigrant fee but failed though I checked and put her A # number and DOS case id# correctly it showed unexpected error messages. I have been trying to contact with USCIS but... View More

James L. Arrasmith
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answered on Mar 26, 2024

Good morning! Experiencing difficulties when trying to pay the USCIS Immigrant Fee can be frustrating, but there are a few steps you can take to resolve this issue. Firstly, ensure that the A-Number and DOS Case ID are entered correctly without any spaces or additional characters. Sometimes, errors... View More

2 Answers | Asked in Business Law for New York on
Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made

it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.

Michael David Siegel
Michael David Siegel
answered on Mar 25, 2024

If you owe the rent you need to pay or be evicted. While your lease will govern, most commercial leases have a provision that counterclaims must be brought in a separate case, like your claim the landlord killed your deal.

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2 Answers | Asked in Business Law for New York on
Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made

it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.

Jack Mevorach
Jack Mevorach
answered on Mar 25, 2024

I'm very familiar with this scenario. The matter should be worked out, rather than litigated. Usually, the LL has a better chance of getting paid from a Purchaser than a TT who wants to sell. Hard to understand your LL's motivations.

Jack

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