COVID-19 New York Q&A by Practice Area

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COVID-19 New York Questions & 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


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) will...
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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 »

1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Would a judge approve a vacation if 1 of the days falls on a day that the noncustodial parent has?

The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord makes noise plays loud music smokes weed. Can i sue her for all rent my mom is ill and need peace and quiet?

Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »

Victor M. Feraru
Victor M. Feraru answered on Feb 25, 2021

Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Co-parent with equal custody and visitation is requiring to see a negative COVID test from me before I see my daughter.

I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 31, 2021

The order is the order and must be followed as written. There have been several reported cases which say that. You have the right to file a violation petition and a writ to get your daughter. In the end, it will be up to the court to decide if the mother had the right to withhold your daughter.

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1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.

The divorce decree was from NY .

Howard E. Knispel
Howard E. Knispel answered on Jan 19, 2021

Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.

2 Answers | Asked in Divorce for New York on
Q: I need consultation regarding a possible divorce.

I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 14, 2021

It is unfortunate what you are going through at this time. The first thing you should do is file in Family Court for Spousal support if you haven't done so already and need the support. Unfortunately, the pandemic has made a mess of the court system with cases taking much longer due to... Read more »

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4 Answers | Asked in DUI / DWI for New York on
Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court

Richard Hochhauser
Richard Hochhauser answered on Jan 11, 2021

Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that,... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: Question about PUA

Hello! Would one of the following be enough proof of self employment to qualify for PUA (pandemic unemployment assistance) ? : a check I received for a private lesson I taught in November 2020, check I reveived for a photo session I did in December 2020. I am a self employed actor and photographer.... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 10, 2021

The Department of Labor determines what proof you must provide. They can request more if it's not clear.

If you are denied benefits make sure to TIMELY request an administrative hearing before an ALJ. I think all hearings are telephonic. You can then compare your claim file with any...
Read more »

2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: What can I do being that my dad has been in the hospital for 2 days and I’ve been calling with no answers

All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.

Tim Akpinar
Tim Akpinar answered on Dec 7, 2020

I'm sorry for your family's ordeal. One can only guess what the situation could be without knowing more details. In some cases, it could take time before a patient gets assigned to a regular room. If he came in through the emergency room, they could be running tests. He could be sent to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenants lease expired in July 2020. They haven’t paid the last 3 months. What are my options to remove them?

We both agreed that the tenants would pay on a monthly basis. The tenants have not paid a dime of rent for the past 3 months and refuse to pay now because they say they are protected from the covid 19 relief. What can I do? I am sick of being a landlord and really just want to sell the house. Can I... Read more »

Victor M. Feraru
Victor M. Feraru answered on Dec 1, 2020

Your tenants may be protected by COVID 19 protections now, but that doesn't stop you from taking the proper steps to begin the removal process and get them financially on the hook and yourself in line to get them evicted. I would strongly urge you to evict them first and sell after. Selling... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: I am being pushed out of my home in the midst of covid and need to know my rights. I need legal assistance.

I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.

Kevin Abessi
Kevin Abessi answered on Dec 1, 2020


Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without...
Read more »

3 Answers | Asked in Landlord - Tenant for New York on
Q: landlord is selling the house I live in she is trying to let people come in our house to look around we are in Buffalo

New York and are in closing for COVID-19

We have told her no but now her realtor is saying he’s coming in anyway what can I do

And my landlord lives in Germany

Victor M. Feraru
Victor M. Feraru answered on Nov 20, 2020

So you can definitely hold out and negotiate with the landlord to be bought out. My office deals with these kinds of matters all the time. The landlords will have to evict you if they want you out without buying you out. Consult an attorney!

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1 Answer | Asked in Contracts and Collections for New York on
Q: I am owed $1782.00 from a gym. I have been told in writing multiple times I would receive the money. It’s been 3 weeks

I have all emails communicating with business owner.

Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

You can bring a small claims case. Cases are being accepted for filing, but no cases are being tried. COVID makes this much harder.

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