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New York Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for New York on
Q: Could someone be held legally liable for someone else’s suicide?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 7, 2019

There have been instances where another person participated in the suicide and thus faced murder charges. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Do opposition papers filed by Principle Defendant in answer to Plaintiff need to be served upon nominal defendants?

Nominal defendants were included in filing by Plaintiff in a real estate partition action case between Plaintiff and Principle Defendant. They did not present themselves at any time in any capacity during the case and they were included purely for technicality. I am filing an Opposition to the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

All named parties in a legal action need to be served with all filings. Rather than proceed pro se, why not consider limited scope representation as an affordable option. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: I was in a car crash last night and i was past cerfew do i have to tell the po or does. He get a report anyway
Tim Akpinar
Tim Akpinar answered on Sep 17, 2018

If this involves parole curfew, you could post the question under criminal law and someone who practices in that area could pick it up.

1 Answer | Asked in Uncategorized and Criminal Law for New York on
Q: Can I be arrested or sued for being near a 16 year old kid when the mother told me to not associate with him ?

Even though the mother kicked the kid out the house and he lives with his aunt now,

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

Yes, this may qualify as harassing a minor. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Hello... If I put a review on yelp & now the owner keeps harassing me can I sue them or what?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 18, 2017

Did you publish anything untrue about the owner? If so, you may be sued for defamation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: What federal legislation dictates process of rule making What if an agency fails to rule making process
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Typically administrative codes or related federal department guidelines apply, but it depends on which department of the federal government you're referring to. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Do I need a lawyer to provide notice for assigning (just my, not my roommates) obligations under a lease provision?

I signed a lease with a roommate, but now I need to get out of the lease and the apartment. My roommate wants to stay on the lease and in the apartment. So I want to know if I can get out of the lease and leave him on, by using the lease provision (relating to RPP Article 7, section 226-B) and... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Review the terms of your current lease to see if that's permitted. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: What is the ceiling amount for earnest money in NY State?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Make sure you review any earnest money agreements or "binders" with a lawyer. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: I got a TVB n I must answer withen the 15 days but they don't have it in their system is requesting a email good enough?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Your question is vague. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Is it legal to be threatened w/harm to a person/family if she does not pay to get out of an arranged marriage?

She is 25 yrs old and came into this country on a visitor's visa, entered into an arranged marriage, and does not want to live with the man she 'married'. She feels her 'mother-in-law' is using her as a servant, among other issues. She is being forced to pay $30,000 in order to get out of this... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

I see no legal basis to support the demand for payment. She can file for divorce. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: I need to know my rights regarding a car that was reposessed even though I paid every month for two and a half years

I made payments on time every month for 2 1/2 years on a car through Credit Acceptance. In December they received the payment after the due date (maybe due to Christmas I'm assuming). Instead of calling me to let me know (I would have paid the late fee) they reposessed the car with no notice. I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

You may be able to sue them. Have a lawyer review all related communications and agreements. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: A friend of mine who no longer lives in NY got caught with tear gas (a boyfriend gave it her for protection; she thought

it was mace) at the airport. She received a Summons and is supposed to return to NY in April, which she cannot afford. Nor can she afford a lawyer

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Perhaps a Public Defender can help her. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: do you have answers about non compete clauses and advice on what to do?

worked for a company 10 yrs in the K&B industry. I left them and went to work for a non competing company. I have been approached to work at a company that directly competes with my prior employer. i had signed a 2 yr non compete when i started there as a sales rep. i left when I was district sales... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Non-compete clauses are scrutinized in NY and are often interpreted to favor the employee. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: How soon after I finish my requirements from ACS can I get unsupervised visits or more visit days with my son

My son has been in care for 5 years I have been absent for 1 year and came back in october 2015 and there is a TPR in place which I am going to appeal. My service plan was anger management, domestic violence, and parenting along with random drug testing that I have been passing . I requested... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Have a lawyer review the facts. The court decides custody/ visitation based on the "best interests of the child." The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: legal advice for senior citizens whose lived in building for 20 yr & pay $550 rent. Buildiing is going Co-Op. In Bklyn

She only has $900 monthly income. Apt selling for $3,000. How does this effect her? Located in Bklyn, NY

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

It depends on whether her building is controlled by rent-control. If she's in the middle of a lease term, the new owner would have to honor that lease until its termination, generally. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Do I need to know the names of the people who are suing me?

Sued by a company I know but now they add et al

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Read the complaint. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Someone overpaid my bill then ask me for $60. I don't want to go to jail at all. Can I get in trouble somehow for this?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Your question lacks relevant details. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: If I was 20 at the time of my arrest, and 21 when I completed the DDP, is there any way I can get my full license back?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Check the terms of your court order. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: We have a legal question about a neighbor on whether we should report it to the police or not.

We have a legal question about a neighbor on whether we should report it to the police or not. We go away for the winter, our home is locked up. We have a deeded shared well with our neighbor, the neighbor sent us a message online after they broke into our basement as they said they heard water... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

It depends on whether there is a shared easement for access into your basement since you share a well. Further, it sounds like she may have saved your house from flooding. Why not have a look-see for yourself? The best first step is an Initial Consultation with an Attorney. You can read more about... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Does a nurse represent a medical institution in a legal case? If a nurse does wrong, is she an extension of the hospital
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

Lawyers represent companies. Her wrongdoing may be attributed to the hospital, but it depends on the specific facts and timing of such wrongs. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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