COVID-19 New York Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
COVID-19 New York Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

1 Answer | Asked in Criminal Law for New York on
Q: Question about ACD for petit larceny

I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to... Read more »

Brian Berkowitz
Brian Berkowitz answered on Jul 16, 2021

Thank you for your question. This is not something you want to have hanging over your head and if possible, you should reach out to the attorney who originally handled your case to see what, if anything they can do to help you and answer your questions. If you are unable or unwilling to contact... Read more »

1 Answer | Asked in Consumer Law and Entertainment / Sports for New York on
Q: Lost racket at sports club,found by employee, left in their office and then disappeared from there. Can I take action?

I left my racket at a sports club of which I wasn't a member. The coach picked it up and confirmed by email that he had it and had left it in his office. Then the COVID crisis hit so I was unable to visit the club to pick it up. The staff member was furloughed and never returned. Now the club... Read more »

Gregory J. Tarone
Gregory J. Tarone answered on Jul 10, 2021

Yes, you can bring an action for replevin to return your personal property to you. That email acknowledging possession is an indication of having possession of your chattel. Assuming the coach is an employee, the owner of the club is responsible also, so sue them both. If the racket is worth less... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: I got into a car accident due to a manhole in nyc with no cover. What do i do now?

The accident occurred in october 2020, i submitted 2 auto body quotes, made a police report, and walked in person to assure that everything was done correctly, i received a letter the beginning of this year that they are still investigating even though there were 3-4 of us who hit that manhole in a... Read more »

Michael Bersani
Michael Bersani answered on Jun 26, 2021

Lawyer up quick! Your statute of limitations is only 1 year and 90 days, and you were supposed to file a notice of claim within 90 days of the incident. Your lawyer can make a motion to late-file the 90-day notice of claim, but if you blow the statute of limitation, your goose is cooked!

2 Answers | Asked in Immigration Law for New York on
Q: Hello, I had immigration problems with the USA back in 1980. Can I do 1 stop in the US if I need to travel to Canada?

I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 19, 2021

You may be allowed to travel but you may be denied entry to the terminal beyond the boarding area. It is also possible there will be no questions.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I be evicted if I provided a hardship declaration during covid
Elaine Shay
Elaine Shay answered on Jun 11, 2021

If you filed a Hardship Declaration, you can’t be evicted before the moratorium is over unless you are engaging in offensive or dangerous conduct. However, you remain fully liable for all rents due, even during the moratorium. The landlord will be able to commence legal proceedings to evict you... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.

My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it possible for an incarcerated father to get court ordered visitation? No paternity has been established

It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.

View More Answers

2 Answers | Asked in Probate for New York on
Q: Do I have rights to money my co-power of attorney sold before my mother died

My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on May 30, 2021

If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an... Read more »

View More Answers

1 Answer | Asked in Divorce for New York on
Q: I had a Pende lite with an Order to Show Cause granted by the Supreme Court Judge overseeing my divorce.

The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case has been in special trial part for a year and a half , it’s just adjourned for so long!

What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you

Charles Edward Green
Charles Edward Green answered on May 19, 2021

STP is the last stop in the court process, and it is from there that cases are sent out for jury selection and trial. As I am sure you are aware, the Covid pandemic shut down the court system for months, and jury trials only very recently began again, and on a very limited basis. Unfortunately for... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Mom is landlord, pay rent with a written contract, wants to kick me out for a random drug test forced to take. Legal?

My mom is my landlord and I have a written contract to live at home with “terms subject to change by mom at any point”. I tried smoking weed a long time ago which she didn’t like. I stopped for the most part except for a week ago at a friends. My mom forced me take a random drug test or she... Read more »

Elaine Shay
Elaine Shay answered on May 17, 2021

If you are no longer a minor, your parents do not have to continue to allow you to reside in their home. However, like any other landlord, there are appropriate legal steps that must be taken before you can be evicted from the property. These legal proceedings generally take many months and as a... Read more »

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can my brother change the locks on me and keep me from being inside our home?

My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... Read more »

Elaine Shay
Elaine Shay answered on May 12, 2021

Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... Read more »

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: if on STD and HR calls and says someone one saw you at the hotel you stay at while working is that legal? I had a stroke

Called once to see how I was than immediately called back stating someone saw me and explain

Tim Akpinar
Tim Akpinar answered on Apr 27, 2021

It could depend on the timeline and the severity. And those are things that a physician, not an attorney, is qualified to speak about meaningfully. The fact that you were at a hotel, in and of itself, is not evidence of the absence of a disability. Your post remains open for two weeks. Consider... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: If you could do your life over, knowing what you know now, would you still become a lawyer?

Is the law profession overcrowded?

What are the advantages and disadvantages of being a lawyer?

If I was your child, would you advise me to become a lawyer?

Tim Akpinar
Tim Akpinar answered on Mar 20, 2021

Many professions are crowded today - but that doesn't stop people from going to school to better themselves. Learn what you can by researching online or at local libraries. Contact law school admissions offices. If there are law firms in your area that would allow you to do an internship... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: What happens in a seller stays past the date they were supposed to leave?

We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 11, 2021

Greetings:

What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will...
Read more »

1 Answer | Asked in Employment Law for New York on
Q: Garden leave.. I signed a contract 2yrs ago agreeing to give 90 days notice if I resign.

My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)

My wife’s Dr. wrote a note advising that if possible... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 10, 2021

The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was living with my boyfriend in his house. He passed away in the end of September of 2020. His father has asked me to

Leave but I have no where to go and have been looking for a place but my finances are very bad and COVID isn’t helping me either as far as finding a place. He just left me a text saying he would be changing the locks in March 15 of 2021 and will restrict my entff egg y to the house. What can I... Read more »

Elaine Shay
Elaine Shay answered on Mar 8, 2021

Condolences on your loss. As you may know there have been numerous moratoriums on evictions as a result of Covid pandemic. However, even without the impacts of Covid, to legally evict a tenant or licensee, a judgment of eviction must first be obtained. If you are concerned you may be illegally... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: How to remove former owner from property sold by investor to me. Investor purchased from the bank foreclosure. Ejectment

Do you need to start 713(5)notice or 90 days eviction notice or ejectment

Elaine Shay
Elaine Shay answered on Mar 1, 2021

Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.