- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Comp
Does a heart issue qualify under the ADA Act of 1990? My company has asked its employees to return to the physical office. I asked to continue working remotely due to being in a high risk covid group. HR sent me a reasonable accommodation request form requiring me to describe my disability,... View More 
answered on Jul 31, 2020
IMO your heart issue, standing alone, probably constitutes a Qualified Physical Disability entitling you to some kind of reasonable accommodation under the ADA . You should also be aware that many states, possibly NY, have their own ADA laws which are even more protective than the Federal ADA. In... View More
Can I say for religious reasons ? Church is very important to me. It wasn’t a problem before. I didn’t work Sundays in the beginning - I only worked Sundays now because of Covid. Church was closed. But now it’s going to open.
answered on Jul 27, 2020
Your employer is within its rights to not exempt you from having to work on Sundays so long as the employer does not provide preferential treatment to other co-workers of different faiths. If, for example, the employer gives other non-Christian employees one day off each week for their own... View More
Father passed away from Covid in April, he left a handwritten will which stated that my Uncle was the beneficiary of his bank account, and he was to distribute the money equally between My mother , my brother and myself. My father has left a business and since we trusted my uncle would do the right... View More
answered on Jul 24, 2020
This should be posted in the Estates and Trusts section. However, in general, since your father died in NY, NY has jurisdiction. In NY, a handwritten will is not usually legal. You would have to start a proceeding in the Surrogates court where your father resided. As part of that proceeding,... View More
My accident was in 2018 my lawyer told me it was settled and it was closed but he doesn’t give me clear answers. He said that if I had taken out loans that they might take it or Medicaid. But it’s been months. It is now 2020 and I still was not given the check. I give them time. And I wait.... View More
answered on Jul 23, 2020
If there are Medicare liens, those could take time to ascertain through NYC HRA. Some of the public agency-related liens could be handled by third-party contractors. The COVID situation has also resulted in delays. If your attorney is trying to negotiate the liens, that could take time too. But... View More
We want to get out of lease early bc of covid and ability to afford rent because of loss of work. Our landlord said no but said we can switch from a year lease to 3 months. They want to charge us $500 to even just start the paperwork and then $500 for June and July rent that we have already paid,... View More
answered on Jul 23, 2020
Even with the havoc that the Covid crisis has created, generally tenants remain responsible for the remaining term of any unexpired leases. If the landlord is willing to release you from the remaining term of your lease, it is not unusual to require a payment of some type. Appears that basically... View More
That the sublease shall not end or be modified nor will sublessee obligations be ended or modified if for any cause not fully within sublessor’s control
Besides the board will not approve
What do you suggest I should do?
Please let me know ASAP
Thank you
Danielle
answered on Jul 17, 2020
As a result of the COVID-19 crisis, a flood of residential and commercial tenants are seeking to surrender possession and walk away from their lease obligations. Although there is an Executive Order imposing a moratorium on evictions until August 20th, there is not legislation that relieves... View More
We have never not paid the rent except in the last month where we paid 50% as our business income has gone to zero since Covid started. Landlord suggested one smaller office space but cost to move and fact that we need to remove this overhead entirely means it's not necessarily a solution.... View More
answered on Jul 15, 2020
Many tenants with otherwise outstanding track records with their landlords have been unable to meet ongoing rent obligations as a result of the Covid-19 crisis. Sometimes, the terms of a specific lease or guaranty can provide a basis to end a lease early or at least suspend payments that became... View More
answered on Jul 14, 2020
Many people are reluctant to have service people in their homes during the Covid crisis. If this is an emergency situation, you can commence a court proceeding to compel access. However, this generally means spending money on legal fees that are difficult or impossible to recover. Therefore, if... View More
The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2020
I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may... View More
Do I still have to move out on that day or dose that peice of paper we wrote and signed mean nothing because it wasn’t notarize and I haven’t been evicted yet
answered on Jul 9, 2020
Whether or not the agreement you made was notarized is not what protects you in this instance. Instead, Gov. Cuomo's moratorium on evictions in connection with the COVID-19 crisis provides you with protections. See Executive Order 202.28. In addition, the landlord still needs a judgment of... View More
He had an individual I do not know stay to do this cos had to come and let me in my home after just losing to sisters in 24 hrs he tries to throw me and my stuff and kids on street to pandemic he is a business owner and should no better then to change locks and throw my stuff in a dumpster he just... View More
answered on Jul 8, 2020
You can call the police. If you have proof that you live at that property the police should compel the landlord to restore you to possession. In the event the police are not helpful, you may file an emergency OSC with the NYC Housing Court, which has been hearing emergency applications throughout... View More
Been renting more 20 yrs in my apt in woodside NY, (queens) and did alot of renovations and never bothered my landlord for anything. Before pandemic my landlord told me she needed her apt back to use she gave me 1 month notice. I told them i will look for an apt but till then i will continue paying... View More
answered on Jul 7, 2020
If you are moving at the end of the month, the Landlord has no means to enforce the demand for an additional security deposit before you move. Unless a tenant has an explicit agreement with a Landlord to provide reimbursement for renovations, a Landlord is not obligated to reimburse a tenant and... View More
can landlord go after me( my personnel asset ex: bank account .... ) if I break the lease again due to the slow business cause of corona
answered on Jul 7, 2020
As we sit here, the NYC law was changed to nullify personal guarantees. Thus, the landlord cannot do so. However, there are constitutional and jurisdictional issues that make this law suspect, so it is unclear now what will happen. If you want to break your lease, now is the time to do so, as... View More
I’ve been told that if I work 4 days and makes less than $504 I am elegible for the $600 but not the regular unemployment. I am able to cut my days down to 3 if that allows me to still file.
answered on Jul 2, 2020
If you earn more than $504 per week or work more than 3 days per week, even 5 minutes on the 4th day, you will not qualify in New York. You must qualify for some partial benefits in New York unless you have no other income from any other source, in which case you may qualify for pandemic alone. But... View More
answered on Jun 26, 2020
Unfortunately, this situation is arising in many settings due to COVID-19. The outcome can depend on how the underlying contract has been drafted - it definitions, force majeure clauses, and how those elements could be interpreted, along with traditional contract law issues such as impossibility,... View More
I wrote the traffic department explaining the reason for my speed but they didn't throw out the tickets. Can I sue for the unnecessary stress it brought me?
answered on Jun 15, 2020
You can't sue for the stress. There is no legal theory on which to base such a cause of action. If you believe it won't adversely impact your job, you could politely ask if reimbursement from the hospital is possible. The answer is likely to be no at most workplaces, but these are unusual... View More
I give an amount of $ 368 every two weeks to my son's mother.($ 125 childcare is included.)
I also pay 280 a month for health insurance sharing it with my son
That’s what the court required.
my earnings are 22 per hour, working 40 hours weekly.
Now I am... View More
answered on Jun 12, 2020
You must follow the court order as written. If you need to change that, you need to file a petition for modification. Even if you case is not heard right away as the courts are closed, your petition will be filed and any modification award would be retroactive to the date of filing.
answered on Jun 5, 2020
I agree that you should consult a lawyer before signing any document (not limited to the one mentioned) which can affect your rights as a beneficiary. Also, I would mention that if you don't sign, you will have a lot of time before any next step due to covid. The Surrogate's Court is... View More
I just got married and because of covid 19 it affects us financially. I'm thinking of filing my adjustment of status on july once we have enough money
answered on Jun 5, 2020
Good Morning. You can file as soon as you get married provided the marriage is real and not just for immigration benefits. You will have to prove that with supporting documents.
When you say “have enough money” do you mean to pay for the application forms or to pass the public charge... View More
I now am out of money and falling behind on all my debit. Can I get out of my lease?
answered on Jun 3, 2020
Generally, losing your employment or even the Covid crisis wouldnot constitute a legal basis to break your lease. However, that doesn't prevent you from negotiating with your landlord to be released. If you can present the situation in a way that persuades your landlord he/she would be... View 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.
