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My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More 
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More
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answered on Aug 22, 2024
I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More
We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:
- What happens if we reduce the salary and how much decrement is recommended?
-... View More
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answered on Aug 22, 2024
Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More
SHE WALKED OUT THE HOSPITAL WITH MY NEW BORN BABY WHOM HAD TO BE TORTURED FOR 7DAYS AND WAS BUT IN THE CARE OF THE PEOPLE WHOM WAS WATCHING THIS HAPPEN
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answered on Aug 22, 2024
I'm sorry to hear about your situation. To sue Child Protective Services (CPS), Adult Protective Services, and a hospital, you need to establish that their actions or negligence violated your rights or caused harm. In New York, claims against government entities like CPS and Adult Protective... View More
declined my accommodations for adhd, anxiety and mathematical disorder.
answered on Aug 20, 2024
There are attorneys who practice in the areas you raise (in terms of disabilities, accommodations, Americans with Disabilities Act), but your question remains open for two weeks. Your least expensive starting point, before involving attorneys, might be to explore options available on your own -... View More
In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.
answered on Aug 20, 2024
In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.
My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More
answered on Aug 17, 2024
Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.
Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
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answered on Sep 6, 2024
If you cannot agree, you will need to hire an attorney to commence a Partition Action. It's like a foreclosure by the individual owners. Often these things get resolved after you file, but you should get all of your financial records together to substantiate your contributions and capital... View More
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
answered on Sep 6, 2024
Short of an agreement, the only option is a partition case in Supreme Court. There, the property will be sold like a foreclosure, and any fight over contributions to the property will be fought over after the sale and before distribution before a court appointed Referee.
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
answered on Sep 6, 2024
Dear Brooklyn Property Owner:
Because you and your co-owner seem willing to make a deal but cannot agree on 50/50 and do not know how to do so, I suggest you engage a local mediation law office to assist in reaching terms.
He showed spreadsheets during online meetings to my entire team twice that showed I was on a Performance Improvement Plan and now people in other areas of the company several states away whom I have never even met are aware of this and it has gotten back to me. Do I have a case or any recourse?
answered on Aug 11, 2024
I'm sorry this happened to you. Most sensible people would find this humiliating and demoralizing, notwithstanding what the law or your team situation legitimizes in terms of sharing such information. Speak with employment attorneys - they are knowledgeable in this area. Your question was... View More
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answered on Aug 10, 2024
In New York, the use of a firearm for self-defense is governed by specific laws. Here are some key points to consider:
1. **Self-Defense Laws**: New York law permits the use of reasonable force to protect oneself from imminent harm. However, the use of deadly force (such as shooting... View More
The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as... View More
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answered on Aug 10, 2024
Dealing with mold in your rented home can be concerning. Here are the steps you should take:
1. **Notify Your Landlord**: Inform your landlord or property management company immediately about the mold issue. Provide them with the report from the third-party lab as evidence.
2.... View More
Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.
answered on Aug 20, 2024
If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More
Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.
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answered on Aug 10, 2024
In your case, the landlord needs to provide 90 days written notice before increasing the rent in the month-to-month tenancy, you are living under. Here are some of the rules and laws relevant to your situation along with analysis and citations to statutes etc.
In New York State, landlords... View More
Ticketed with speeding. We are dealing with Colonie, N.Y. Court . Things are on hold till my son gets his memory back. Thanks for your help. Shawn
answered on Aug 9, 2024
I hope everyone involved is okay and that your son is okay and that makes a healthy recovery. It could run anywhere from a few weeks to a few months, depending on (1) who is doing the investigation (highway safety division of police pct, country district attorney office, insurance company claim... View More
My colleague left a factual review of the last job we worked at. The boss is threatening legal action for defamation (the review site is anonymous, so she doesn’t know who wrote it) and intimidating the person- to remove the factual review.
answered on Aug 5, 2024
It would be best for an attorney who practices in the area of defamation law to advise you, but you await a response for a week. Until then, the short answer is that from a textbook standpoint, factually truthful material would not ordinarily be considered defamation.
However, the practical... View More
answered on Aug 2, 2024
My colleague is correct. These can be complex settings. Local courts in the country of the incident could be a primary forum. The nation where the corporation is headquartered or does business could also be possible venue, depending on the nation's codes of civil procedure, and if the... View More
My $3000 electric motorbike was stolen two months ago, and there are security photos of the theft. The insurance company, suspicious due to the bike being taken out of storage two days before, implies the theft was intentional. After 5 hours of phone calls and now being asked for numerous... View More
answered on Jul 30, 2024
I'm sorry your motorbike was stolen. The answer to your question is an individual call. Your frustration is understandable. If you're thinking of bringing an attorney on board, you could start reaching out to law firms to try to arrange free consults to discuss their terms for assisting... View More
Hello really weird question that no one has been able to figure out, but my girlfriend’s dad passed away and she is an only child who inherited everything and she is trying to give his motorcycle to her uncle/ his brother. There is no title for it and it’s showing that it’s not registered in... View More
answered on Jul 30, 2024
You're right; that is a tough one. The estate planning attorneys here would know best, but your question remains open for a week. In terms of registration, there probably wouldn't be any records that come up if the motorcycle was last registered in 1970, over fifty years ago. If there is... View More
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