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COVID-19 New York Questions & Answers
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.

1 Answer | Asked in Employment Law for New York on
Q: Hi What legally can happen if I choose to treat my ADD and I need accommodations?

I have had ADD many years. I have a expired IEP. I have had bad years of lack of focus. I want to go back to treat it with medication. However I have seen ADD is not on the list of disabilities a company has to offer accommodations for and can not penalized you for .

V. Jonas Urba
V. Jonas Urba
answered on Nov 8, 2020

Generally, if you have no employment contract, you are not union represented, nor do you work for the government, you are considered "at will." The overwhelming majority of employees across the entire United States are "at will." That means that they can be fired for a good... View More

1 Answer | Asked in Employment Law for New York on
Q: Rights violation

At my work I put in for paid family leave of absence and the only one I told about it was human resources. A few days after some of my fellow coworkers we’re coming up to me saying I heard you were taking a leave soon? Do I have any recourse against the company I work for being that human... View More

V. Jonas Urba
V. Jonas Urba
answered on Oct 16, 2020

What are your damages? It's one of the first questions an employment lawyer is trying to answer when they speak with you in an initial telephone conference.

Was there an adverse employment action? You were not terminated nor were you demoted with a loss in pay or passed over for a...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord in small claims court for a noise nuisance?

My landlord has refused to do anything about an noisy heating pipe that makes extremely loud banging and hammering noises for the last 2 winters. It has severely impacted my ability to sleep and live and now with Covid-19, work. I've sent them multiple requests including a formal letter in the... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 13, 2020

"Quiet Enjoyment" is a legal term of art that probably doesn't mean what you think it does; however, you may have the right to demand the landlord correct the noise condition and even receive a partial rent abatement until the situation is corrected. If your landlord is not taking... View More

2 Answers | Asked in Contracts for New York on
Q: Due to unforeseen circumstances with Covid we are unable to meet the minimum sales requirements of a business contract.

The contract has no force majeure section. Have we any recourse in this matter?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 9, 2020

It is necessary to review the contract to provide an effective legal answer. However, no one is oblogato the impossible, if it is really impossible. Impossibility does not mean that it is more costly, it means that there is no way to achieve that purpose. Now, to interpret what Impossible means... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I negotiate with landlord to stay at my apartment after receiving a termination of lease?

Hello. I received a termination of lease by landlord in July 2020. My lease if up Nov 2020. I have been looking for an apartment for months now and I cannot find. They want three times my salary. I recently got layed off because of covid 19 pandemic but have some savings. I am not sure what to do.... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 5, 2020

There is always room for negotiations. In any event, if you don't reach an agreement before your lease terminates, the landlord can't just lock you out but will have to commence a court case. If the landlord won't give you time, the court may.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Wanted to terminate my lease earlier because of financial hardship due to COVID -19!

Due to the pandemic, I experience financial hardship. I tried to negotiate the rent but the landlord won't assist on that matter except using their hardship program which we did use the deposit to pay the month of September rent. I was looking at different alternatives and also to terminate my... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 23, 2020

When you sign a lease you are entering into a contract. The landlord is promising to rent you space for a specific use and a specific period of time. Likewise, the tenant is promising to rent a particular space for a specific use for a specified period of time. Unless there is a clause in the... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I own a house. My s.o. moved in a few months ago but we are now breaking up. How long should I give for her to move out?

I initiated the breakup.

We do not have a formal lease, but before she moved in we had verbally agreed that she would pay a fairly small amount monthly when she started living here (she did not ever start paying).

The house is in my name only, with a mortgage (don't know if... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2020

If you need to go the route of commencing legal action to remove your S.O. from your home, the process can take longer than you may find tolerable. Depending on whether the occupant is a tenant or a licensee, the required predicate notices can be as short as 10 days to as long as 90 days. Only... View More

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1 Answer | Asked in Business Law and Contracts for New York on
Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable

i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... View More

Michael David Siegel
Michael David Siegel
answered on Sep 18, 2020

It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Commercial rent dispute in NY. Judge set prelim. conference after SJ motion. Should defense try to settle before prelim?

Plaintiff filed claim for unpaid rent. Defense responded that they were unable to pay rent due to COVID and BLM protests (and thus, are not in breach), and are invoking force majeure clause. Plaintiff filed motion for summary judgment. Defense responded to summary judgment motion. Judge now set... View More

J.R.  Skrabanek
J.R. Skrabanek
answered on Sep 15, 2020

Either could work. Generally, settling earlier rather than later is often in the parties' best interests because they reduce their overall transaction costs. The longer the dispute continues, the more the parties have to expend in furthering their interests. However, often settling early is... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

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3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Tenant's lease ended in June 2020. He wasn't paying rent then.He owes 4 mon. He claims no stimulus. Wants renewed lease?

The tenant said he has the rent but will not pay it unless I renew his lease. He is self employed and thanks to social media I see he has been working during the pandemic. Actually texted to me that no back or future rents will be paid w/o a new lease and that's that! Wait what? Gov Cuomo... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

Just because evictions are stopped--your tenant is still on the hook for paying rent. You might consider having an attorney write him a demand letter for the money owed, and start formalities of notice in preparation for eviction. That way, when the courts reopen you're covered and the clock... View More

1 Answer | Asked in Real Estate Law for New York on
Q: C/O never obtained from previous homeowner before selling the house to us. What can we do???

They said they were working on getting final sign off when covid 19 hit... Now it's been a year since we owned the house and still no C/O...what can we do????

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 18, 2020

If you are asking about what you can do with respect to previous owner that you purchased from that depends in large part in what happened at your closing. DId you agree to close on a handshake that this issue would be taken care of or was there an escrow agreement and funds deposited to secure... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Selling my second property. Buyer signed contact and was due to close July 1st. It’s 6 weeks past estimated closing

There have been issues with their lender. Their lender has now said it will take several more weeks. After a time is of the essence letter, what can we do to make up for all this lost time and other potential offers?

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2020

Practically, nothing. If you return the deposit you have to start over. If you keep the deposit they will sue and put a lis pendens on your property. That will preclude any deal. In COVID everything takes longer. Your contract governs your rights.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, I’m an American citizen and my girlfriend is a Canadian citizen.

My Canadian girlfriend was able to fly into the US amidst the border closure. We are unsure of when it will be that the border opens again and she has been here two months as we’re trying to spend as much time together as possible during these troubling times. We recently decided to look into... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 13, 2020

By using your rights as a Canadian for quick entry, you are telling U.S. immigration officials that your intention in the U.S. is to be a tourist, and to leave, typically within 90 days; though the maximum is six months. That's true even if you get waved through without an interview by an... View More

1 Answer | Asked in Real Estate Law for New York on
Q: My father passed away in NYC with no will in April he left a property in Pennsylvania which is really my aunts because

He Helped her with his credit we know the house is my aunts and we want to leave it in her name what do we need to do? We don’t have much money for lawyers fees and all that my aunt is 57 and lost her job due to the pandemic but she doesn’t want to lose her house what forms can she fill out and... View More

Michael David Siegel
Michael David Siegel
answered on Aug 11, 2020

Having not done proper planning in advance, there are no shortcuts here. If this is your father's only asset, you can likely hire a PA attorney to do a non-domicilliary administration proceeding. If there assets in NY, even small, then you need to do an administration here, and a ancillary... View More

1 Answer | Asked in Immigration Law for New York on
Q: I want to know if someone can file the green card application with an expired passport and expired visa on it?

I remind you that this request is through marriage and my embassy take a long time to renew passport due to COVID-19.

Aman U. Khan
Aman U. Khan
answered on Aug 8, 2020

If you're obtaining your green card through consular processing, it is required that you have a valid passport. To obtain a green card, the foreign national is required to enter the Untied States, so with an expired passport, you will not be issued a visa to enter the U.S.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Laid off due to COVID & now the company is rehiring.

Hello! I was furloughed from my employer in March. There was no communication during this process or news from my director. Eventually they have brought almost all employees back & I was told they don’t have much info on when I will be allowed back. A week later I was sent an automated email... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 4, 2020

Many feel your frustration. Not to make excuses but employers are dealing with a new set of circumstances every day. Some are closing for good.

I assume that you received unemployment benefits. Those require you to look for work. Also every employment discrimination complaint requires...
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1 Answer | Asked in Civil Litigation for New York on
Q: i signed a contract to purchase a house before covid19. Now seller refused to close. can i sue for specific performance?

i had signed the contract before covid 19. i got loan commitment. Now sellers are keeping making excuse not to close as unable to find apartment. Can i sue them for specific performance? court are not working properly. Does it take a long time before you see a judge. How does it work?

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2020

Do you have a lawyer? Prior to suing you need to send a "time is of the essence letter" to the seller. Then you can file a complaint. You see a judge quickly as you file an order to show cause and the courts are hearing motions online.

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