New York Recent Legal Answers from Lawyers

Good morning,   You should file a petition for full residential and legal custody.  It will protect your rights and will set you up in order to get child support as well.  Since he is not seeking visitation at this time, you do not need to do anything.  However, do not provide any visitation without an order from the Family Court.... Read Answer

Sorry to hear what happened to you. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration this risk and that your condition in the future could improve, stay the same or, in your case, get worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration the fact that the future is unknown and that your condition could improve, stay the same or, in your case, get worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear that your're still experiencing symptoms from the motorcycle crash. Absent any fraud or duress in getting you to settle your case, there'd be no basis to reopen the settlement. That you are still experiencing symptoms is not grounds to vacate a settlement - that's the risk of settling. Every settlement takes into consideration the fact that the future is unknown and that your condition could improve, stay the same or, in your case, get worse. If you still wish to view your file, you'd have to go to the county clerk's office in which the case was filed and requisition it. Given how much time has elapsed, it's likely been archived. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear about your experience. In any malpractice action, you have to demonstrate: 1) a departure from the standard of care; and 2) harm resulting from the departure. Even assuming that leaving surgical tape behind was a departure from the standard of care, you have not suffered any resulting harm as you passed the tape without incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear about your experience. Dogs do not owe other dogs a duty of care under the law. Owners, on the other hand, have a duty to exercise reasonable care in the ownership and control of their dogs. Whether you were exercising reasonable care under the circumstances really depends on the history of your dog. If your dog has never bitten another dog or exhibited vicious tendencies, having him on a leash arguably satisfied your duty of care. On the other hand, if your dog has previously bitten other dogs or exhibited aggressive behavior, then it arguably should have had a muzzle. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear what happened to your son. Your post did not contain a question. Assuming you're asking whether you might have a potential lawsuit against the restaurant and without minimizing what your son went through, an ER visit, without more, would not justify the time and expense of a personal injury / products liability lawsuit. You can try asking the restaurant to reimburse you for any out-of-pocket medical expenses. Some insurance policies have what is commonly referred to as a "med pay" provision which will cover a claimant's medical expenses regardless of fault. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain rights, irrespective of what the divorce papers may say.  Any borrower or prospective seller will not know what happened in the divorce action.  They will only know what is recorded on the property records.  You must have her sign a deed.... Read Answer

If you are still owed any of your retroactive benefits from the time you were approved, they should be able to see that as a pending underpayment. The local SSA office is the best source for resolving your issue.  First, I would find your SSI Notice of Award and compare it to all the deposits you received that made up your back pay.  It sounds like you had a lawyer, so they would have received 25% of the back pay.  There would be no reason for them to "cheat you out of it".... Read Answer

Greetings: It appears you would like to know how to avoid costs and fees when found in contempt.  In New York, costs and fees are generally awarded to the moving party when there is a finding of contempt.  Accordingly, to avoid such an award, the best strategy is to avoid the finding in the first place.  If that opportunity has been missed, then the next strategy is to demonstrate compliance with the contempt order (i.e. purge the contempt).  Compliance must be clear and convincing.  There generally are no other opportunities to avoid costs and fees.  In short, do not ignore a subpoena and if it happens, contact a good New York lawyer to assist you in minimizing any subsequent problems that arise.... Read Answer

I don't have enough information to answer your question.    Why is your daughter currently living with your sister?  Is there a custody order in place?  Are there any Family Court or Supreme Court orders impacting custody? What is the bad situation that you are referring to?  ... Read Answer

You are entitled to spousal support/maintenance.  However, you must file for divorce in order to have a court order that would require him to pay you.  You are also entitled to a marital portion of his retirement/pension.  You would have to have a court order in order for you to receive your share. You may be entitled to other equitable distribution as well. You should contact myself or another experienced divorce attorney to have a full consultation.... Read Answer

Sir or Madam - The subpoena seeking documents and/or deposition testimony, with which you've been served, is almost certainly "legitimate," in the sense that it relates to a pending lawsuit and is not a prank.  See generally my recent article entitled "What Should My Company In Manhattan Do When It Receives A Subpoena Demanding Documents?" < https://www.davidrichlaw.com/what-should-my-company-in-manhattan-do-when-it-receives-a-subpoena-demanding-documents/ >  No one would pay you a witness fee just to play a joke on you.  The relevant questions are: Do you have good grounds to move to quash (invalidate) the subpoena? If not, ought you retain a New York City Business Litigation Attorney to prepare you for, and to defend you at your deposition?  (If, among other independent circumstances, any documents you produce and/or your deposition testimony may give rise to a claim against you or may jeopardize your employment or any professional license you may hold, then the answer is almost certainly "yes.") Today, you should call an adept New York City Business Litigation Lawyer and schedule an inbtial consultation about your matter.... Read Answer

From your facts, it appears that your spouse fell out of lawful status after you arrived in the US as an F-2 dependent prior to your spouse filing for asylum. Your nonimmigrant status was based upon your spouse, and you would also be considered out of status. USCIS will generally not approve a change of status application in your situation as you were already out of status prior to your spouse’s asylum filing. I am sorry that my answer cannot be more encouraging. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I am not aware of any formal process for Yemenis to overcome the current Trump administration ban on entry to nationals of the country. That being said, any exception would have to satisfy the criteria of urgent humanitarian need, no national interest concerns, and that the waiver would be in the public interest. Probably the best strategy for interview would be to gather up all documentation of the extreme hardship to your wife along with her sworn statement, produce anything that you may have that can show that you are not a security risk, and show any reasons for which it would be in the national interest to admit you to the country. You appear to be outside of Yemen from your facts, and any documentation showing that it is unsafe for you to be in that third country might also be helpful. The chances are likely not good, but best of luck. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Sorry to hear what happened to you. If the other vehicle's insurance carrier is not accepting liability, your only real alternative is to file a lawsuit against the other driver for property damage. Depending on how much in damages you're seeking, you might be able to file suit in Small Claims Court. Take photographs of your vehicle and keep copies of any repair estimates, along with the dashcam footage. Unfortunately, given the amount at stake, you might have a hard time finding a lawyer interested in taking on your case. You can certainly find many excellent lawyers using the Find a Lawyer tab on the Lawyers.com homepage.... Read Answer

Feel free to reach out to any of us on this platform. Out-of-state attorneys can assist you in finding someone to take over the case in New York. Act quickly—judges typically give plaintiffs only a short window to retain counsel, and if counsel is not retained within that time, the case may be dismissed. Several of us would be glad to refer you to an attorney in New York.           ... Read Answer

Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to dismiss, this can include a number of different potential grounds, including speedy trial, facial sufficiency, or even in the interest of justice.    It is unclear by your post what specific grounds you believe the motion to dismiss should be submitted. Is there a specific reason that you believe your case should be dismissed on motion?    Sometimes, folks feel that a case should be dismissed immediately because there is insufficient evidence. This is unfortunately not necessarily the case - the evidence, and whether the District Attorney has sufficient evidence to prove the charges against you beyond a reasonable doubt - is typically an issue for trial. Without articulable, legal grounds for dismissal, a motion to dismiss may simply not be viable.  With that being said, these are issues that your current attorney should speak with you about. If you are unhappy with your current attorney, that is a separate issue in itself. While there are certainly some outstanding public defenders, there are also many public defenders who are not as great. When you are assigned a public defender, you unfortunately do not get to pick your lawyer - that is a benefit that you do receive when you hire one.    I hope all this information is helpful. ... Read Answer

Generally speaking when vehicles are used in the commission of a crime, the police tend to voucher/invoice/keep them for one of two reasons - 1) For arrest evidence or 2) For forfeiture.    When they keep the vehicle for arrest evidence, the District Attorney's Office puts a hold on the vehicle until they are able to investigate it - photograph it, ensure it was operable, etc. In this situation, people are often able to get their vehicles after submitting a demand for the return of property through the District Attorney's Office. With that being said, it can take some time waiting for the ADA to complete their investigation.    In the second scenario, the police attempt to forfeit the vehicle as the instrumentality of a crime. Basically what this means, is they attempt to keep the vehicle so they can they auction it off. This can often be fought and/or negotiated so the vehicle can be returned to you. In some circumstances (such as yours) there may be arguments that the driver is not the lawful owner of the vehicle. I hope this information is helpful. ... Read Answer

It seems strange that the police would specifically go to your apartment if the phone was not there. Typically in these cases, people activate the "find my phone" feature on their phone, which then shows them an approximate location of their phone. I suspect that's how the police may have ended up at your door.    In terms of potential criminal charges, stolen property can often result in a few different types of charges. If they have anything showing that you physically took the phone from the other person, you may be looking at either a petit or grand larceny, depending upon the value, or even something more serious if there is any indication that force was used. https://www.michaelschillinger.com/astoria-criminal/theft-lawyer/   Additionally, if they don't believe that you took it, but instead knew that it was stolen and kept the item, you could potentially be looking at a criminal possession of stolen property charge.   With all of that being said, the police would need some evidence to actually connect you to the crime. If they do not have probable cause, it is unlikely you will be arrested. Additionally, understand even if you are arrested, that does not necessarily mean that you will do jail time. Oftentimes criminal defense attorneys are able to resolve cases with negotiated pleas that don't involve jail time. Furthermore, in a worst case scenario there is always the option of fighting the case at trial. I hope this is helpful. ... Read Answer