New York Recent Legal Answers from Lawyers

I see that you are in New York. As an Annapolis divorce lawyer, my legal knowledge is limited to the laws of the state of Maryland, which may differ from the laws in your state. Having said that, even after a divorce has been finalized, it may be possible to address hidden or undisclosed assets if they come to light. However, the process can be complex and the laws that apply can vary significantly from state to state. For instance, some states operate under "equitable distribution" laws where assets are divided fairly, but not necessarily evenly, while others, like Maryland, are "community property" states, where all property and assets acquired during the marriage are generally divided equally. In a situation where a divorce has already been finalized, it's important to act swiftly. Time limits may apply for bringing such matters back before the court. It may be necessary to file a motion to reopen the divorce case, or there might be other legal avenues available depending on the specific circumstances and the laws of your state. Because of the potential complexity and the significant impact these matters can have on your financial future, it's crucial that you seek out a New York attorney who has experience in divorce litigation and who can provide guidance tailored to your specific situation. While I can provide general advice based on my knowledge and experience in Maryland, a local attorney will be able to help you understand the details of New York law and how they apply to your case.... Read More

No one can guarantee your complete protection. A recent example tells us that Mariah Carey's brother sued her for defamation for publishing her memoir. The law that protects her public interest speech, while recognizing her brother's limited right to protect his reputation in a public interest discussion will apply to you and your ex. Bottom line: all public speech on a matter of public interest in NY receives the highest constitutional protection. Your ex would have to demonstrate malicious publication, meaning you are knowingly lying about him and that he has a substantial basis to proceed, such as damages or his public persona to protect. Write your memoir. Shop it around and make sure your publisher's contract includes the obligation to provide you with liability insurance that includes personal advertising injury, or if you self-publish, make sure you have your own liability policy and attorney before doing so.... Read More

You need a mentor. I'll humor you as briefly as possible. We know the felony murder rule tells us that the robber thusly convicted is responsible beyond a reasonable doubt in a criminal capacity. Civil liability can follow at the lower evidentiary threshold for direct, vicarious, or concerted liability under a handful of theories. You're really asking if there is a way to hold the employee, and by proxy the employer, liable. There is a Plasgraf issue (248 N.Y. 339 (1928)), whether the bank employee owes a duty to customers to prevent injury or death during a robbery. Arguably, you can make a case either way. The second issue, assuming such a duty can be found, is whether the employee breached that duty of reasonable care. The existence or non-existence of one document, in particular, will be critical to both issues: written bank policies on cooperation with robbery demands. I'm no expert on the subject, but I've never heard any employer or law enforcement agency suggest anything than cooperation. Recent news stories have put employer stand-down policies front and center. Presumably, such a policy recognizes that non-cooperating can expose anyone on the premises to danger.  And a good secondary source of authority would be law enforcement and industry guidelines on the same topic. Bottom-line, there's no correct answer. Here's a secret that most law school students and graduate forget for approximately six years from the day of their first class: facts matter. Facts trump law because facts tell us which law to apply and which hedge to trim.  The facts of this hypothetical, as created by the professor, will give you one or more hooks to demonstrate your legal analysis. Spot the Palsgraf, identify the criminal versus civil standard, spot the employee liability versus employer-vicarious liability issue, and identify those facts which support either conclusion and take a position. ... Read More

You haven't provided enough information to determine whether you would be considered as a guardian for your grandchildren in the event they were removed from their home for any reason.  If you believe there is neglect, abuse, or that the children are being subjected to unsafe conditions, you can report that to childrens' services. You also have the option to petition the court for custody if you believe the children are not safe with their guardians.  Assuming that a court has ordered the visits you currently have with your grandchildren, and that arrangement is working in the child's best interests, that would certainly be a factor for the court to consider when making any custody determination, although many other factors will be considered as well. ... Read More

On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. 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 More

New York's SLAPP Act will almost certainly control this claim. You have to prove the statements are objectively false (as opposed to opinion) and maliciously made to injure you. If you can't, you may end up paying the defendant's attorneys' fees but more likely, you won't be able to find an attorney to take the case. ... Read More

You'll probably need a cause and origin report and a coverage attorney to review your policy. Your homeowners' policy insures your property if the cause of loss is covered. Water-related losses have to be carefully sorted against policy language. Your HO insurer does not insure the property of other tenants, although it may include liability coverage for third-party property damage. If you were responsible for the failed pipes, the damaged parties may sue you, and your liability insurer should defend. If someone else owns or is responsible for maintaining the pipes, you can sue them.  But in all of this, you cannot guess at the cause of loss. If it is in dispute, you'll almost certianly need to pay for an engineer's cause and origin report.  Review your insurance portfolio with your agent or broker and get the relevant policies to a coverage attorney.     ... Read More

Prior to 2015, changes of location for H-1B holders were not important. That changed with Matter of Simeio Solutions LLC, a decision in which the Administrative Appeals Office (AAO) of USCIS upheld the revocation of a petitioner’s H-1B petition due to changes in the beneficiary’s places of employment, which were not communicated to USCIS. In your case, your transferring from New York City to Philadelphia is not within the same metropolitan statistical zone, and so your employer will have to file a H-1B amendment with USCIS to allow you to legally work in that location. The amendment requires the submission of a new I-129 with documentation and new labor condition application (LCA). 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 More

Greetings.  It appears you would like to file a motion for default judgment.  In New York, to file a motion for default, there are certain initial steps that may have to be taken, such as sending a second copy of the summons and complaint to the defendant.  If these steps are not followed, the court will most likely deny the motion.  The pro se offices may be able to provide information to a litigant to help them with the process.  Otherwise, hiring an attorney is the next best option.  Good luck.... Read More

Dependent upon how observant the adjudicating immigration officer may be, he or she may consider what effect (if any) the child would have on your VAWA case, and also why you would have failed to mention a child in your I-485 application. For any concerns, an immigration officer can issue a Request for Evidence (RFE) or other inquiry giving you an opportunity to respond. I cannot tell you what the potential consequences could be in your case as I am not aware of your particular facts. 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 More

The question whether certain vacation pay and other discretionary pay benefits are owed to you upon separation depends on the employer's policies, which may be contained in a handbook or otherwise. Vacation benefits are not mandatory under New York law. Therefore, the employer can implement policies determining that benefits will not be paid under specified conditions.  Your employer cannot withhold your wages in exchange for your signature on a claims waiver, but depending on the company policy, it likely can withhold your vacation pay in exchange for that waiver, provided that the employer complies with all notice and other requirements under federal and state laws with respect to the waiver form. If you believe your employer has unlawfully discriminated against you or has failed to pay you wages or overtime pay that are required under NY law, you should consult an attorney to protect your rights before signing a waiver.  ... Read More

Sorry to hear what happened to you.  You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage. Keep in mind that the statute of limitations for intentional torts such as assault / battery is one (1) year from the date of the incident.  Also, unless your assailant has significant assets (real property, $, etc.), you might have a hard time finding an attorney interested in the case - no one wants to pursue a case against a defendant with no $. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read More

If you had insurance at the time of the incident, you should report the matter to your insurance company.  It will investigate the matter, hire an attorney to defend you, and pay any judgment obtained against you up to the limits of your liability insurance.  If you do not have insurance, you will need to hire a private attorney.  You can find many excellent attorneys using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Your wife’s case is undoubtedly under administrative review, where reviews can be short or long. It appears that you have done just about everything that you can. You can either continue to wait and do what you have been doing or engage an attorney to file a lawsuit against the Department of State which may or may not be successful in getting the post in Pakistan to make an adjudication. 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 More

Being denied under INA §217 means that she is not allowed to come in with visaless travel. She should make an application with the American consulate or embassy for a visitor or other appropriate visa to the US and be prepared to explain and overcome the basis for the refusal by CBP to allow her entry. 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 More

Generally speaking, a F-2A application of green card holder for spouse will likely take about 2-3 years if the beneficiary is born in any country other than Mexico (which will take longer). That category just backlogged on the visa chart for April 2023 from being current to being available for final immigration only to those who filed I-130 petitions prior to September 8, 2020. I note that it is possible that the F-2A category can rebound to a more current date in the near future, but that is uncertain. 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 More

I assume that when you say KY case got denied, that was the naturalization application. Generally speaking, a person with a violation and conditional discharge for one year which has ended is eligible for naturalization immediately. However, naturalization requires that an individual demonstrate good moral character for the required period of time, which in most cases is five years unless married and living with a US citizen. So relevant questions before giving the all clear are what is on the disposition, was there an allocution before the court in which you admitted more than was on the violation, and whether you admitted to an offense other than the violation during the immigration interview. 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 More