New York Recent Legal Answers from Lawyers

To answer this question we would need to know more specific facts. Did the owner of the home supply the alcohol? Were they aware of the party? If they weren't aware of the party, where were they when it was going on? What is their relationship to the 18 y/o? Was anyone injured? Were there narcotics as well?    Generally speaking anyone who supplies a minor with alcohol can be charged with a misdemeanor offense. If the minor just opted to have the party without the homeowner's knowledge though, that's a bit of a different story. The law generally requires a degree of knowledge or intent (mens rea) to be charged and convicted with a crime. Because of that, the specific facts of your situation become critical in doing any type of analysis.    If you're considering allowing your 18 y/o to throw a party with alcohol, that's probably not going to be a good idea. If you've been contacted by police regarding a party that happened in your home, then your best bet is going to be to consult with an attorney who can try and help you resolve the situation. ... Read Answer

The answer here may depend on whether you are pre or post conviction. If you pled guilty for instance, (or were found guilty at trial) and you now stand convicted of a criminal charge, you may have to give DNA because you were convicted. With that being said, you should ask your attorney about that if that's the case.    If you are pre-conviction and the case is still pending, then it will be specific to your case - in certain circumstances the D.A. can attempt to get a force order to have you swabbed for DNA. Again, this is really something you should be speaking with your attorney about, and he/she should be able to advise you on this. ... Read Answer

It depends on the terms of the settlement. Some parties want to keep the terms confidential, in which case the settlement agreement imposes secrecy on the parties.  That is common in commercial and employment disputes. Most parties to personal injury cases in NY do not bother with confidentiality. If a lawyer won't tell you the amount, it's probably because its confidential. But just because a laywer may tell you, doesn't mean he or she will. If someone asked me how much a client received in a non-confidential settlement, I imagine I'd tell them to ask the client unless I specific authority to speak on the subject.... Read Answer

If you do not have employment during the last five years then you would write None. If you do not have sufficient income to sponsor mom, then you will have to engage the support of a joint financial sponsor. This could be anybody that is a US citizen or green card holder that lives in the United States and meets the minimum income threshold.         ... Read Answer

Your rights are defined in the contract. No one can advise you without it. I'm not sure if your post intended to convey that your lawyer agrees with the replacement, but you should start this conversation with your lawyer. If you don't have one yet, now is a good time to find one to discuss a $7,000 pre-closing repair request under the terms of the contrat you signed.... Read Answer

You argreed to arbitrate your disputes with TikTok when you accepted the terms of service. https://www.tiktok.com/legal/terms-of-service-us?lang=en The terms of servcie refer to the AAA Consumer Dispute rules. https://www.adr.org/sites/default/files/Consumer-Related%20Disputes%20Supplementary%20Procedures%20Sep%2015%2C%202005.pdf You need to wait for a decision on the appeal. If it is decided against you, you can file in AAA unless you opted out of the arbitration clause within 30 days of creating your TikTok account. It's $200 to file (see page 12 of the rules). If the amount of money is worth pursuing, you should consult an attorney before you file. ... Read Answer

If you have the new attorney's offer to take the case for free in writing, you should be good. If he never put that in writing, I suspect the attroney will argue that he never said that or you misunderstood him. I often look at a case for free, but I rarely take one on for free. If I do, I put it in writing.  You should have an engagement letter with the attorney and that document will control. If he did not give you an engagement letter, then he probably can't collect his fee. Ask him for the engagement letter now before he sues. If it says you owe him money, find a way to pay it.... Read Answer

A deed to a property listing multiple joint tenants with rights of survivorship will take precedence over a will that leaves that same property to another party. It is not clear from your facts who holds title to the property, i.e. who is listed on the deed, and who is named as a beneficiary under your grandma's will. You should take all those documents to an attorney in your state for his legal analysis. ... Read Answer

Hi Edwin. If you have a video -and hopefully a license plate or other identifying information for fire truck number- and there was property damage or you were injured- you have a case. An experienced personal injury attorney (such as myself, with over 20 years in practice) will know just how to go about getting your case started. Even if you haven't been to a doctor yet, it's not too late to get yourself checked out and you should do so immediately. Head neck & back injuries sometimes don't start to cause real pain until weeks after an accident. Treating them immediately and steadily is crucial to your health and to building a case. With the FDNY at fault, if you're injured this case is potentially worth a great deal of money.  ... Read Answer

Prepare the following information: Title, Court, & Index Number of the prior lawsuit that you settled. Name of your & contact information of your lawyer that settled the case. A list of things you believe your prior lawyer did wrong. A copy of the settlement agreement. Then find an attorney on Martindale.com or Avvo for a consultation to discuss the apparent errors. Many lawyers like will be happy to offer a free initial consultation to assess your rights. I'm in Mineola, NY.  Matt Bryant matt@nyrightslaw.com ... Read Answer

There's not nearly enough information in your post. Believe it or not, not all harassment is actually illegal. It's generally illegal when one is targeting protected classifications (race, age, sex, orientation, disability, religion, etc.) or conduct (whistleblower complaints, discrimination reports, wage & hour complaints, safety or work conditions complaints, union activity, etc.).  Get a consutlation to assess your rights. ... Read Answer

I typically advise client’s not to leave the country while their adjustment of status application is pending. However, I recognize that family emergencies can happen, so not departing the country might not be an acceptable option.  Yes, you are allowed to travel with your advance parole document.  That being said, I recommend you talk to an immigration attorney to identify any issues that might make traveling outside the country ill-advised. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

Did this person touch or harm you physically? If yes, did you retain and/or consult with a workers compensation lawyer if those physical injuries resulted in some type of permanent scarring whether emotional or physical or both? Assault and battery is also criminal if the employee had the state of mind to harm you or place you in a position where physical injury was imminent or physical injuries were likely to result and foreseeably cause you emotional distress. Did you report this to the police? What is your goal? It looks like the employer took action. The employer is now much more likely to be personally liable should this employee harm anyone else in the future since the employer is on notice that the employee has a history with you. Are you seeking an apology? Either a workers compensation lawyer or an assistant district attorney can provide you with better suggestions. Most of us do not sue individuals because collecting damages could be a process even if you secure a judgment on paper. Workers compensation claims are the exclusive remedy for physical injuries which occur within the course and scope of employment in the majority of scenarios and emotional distress alone is usually insufficient in most scenarios, barring exceptional circumstances. Of course you made no reference to discrimination associated with any of the above which might be a complaint for filing with New York State's Division of Human Rights but only if the last discriminatory act (causing an adverse employment action - often with termination or denied pay raises, promotions or inferior terms and conditions of employment) occurred within the past 12 months. Go to the police if the person retaliates against you and/or places you in reasonable fear for your safety. Not legal advice and no lawyer client relationship. Good luck.... Read Answer

ESTA in my understanding does not apply to Canadians. The question to a CBP officer is whether you would be a bona fide visitor. Usually, a bona fide visitor spends less than six months per 365 days in the US. Having been in TN status for six months (presumably within the past 365 days) could raise concerns on the purpose of your stay. If you have a legitimate reason for coming back so soon as a visitor, you can attempt entry visa free since six months is not a hard and fast rule. 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

Probably, but it starts with the language of the NDA. Must settlement-based NDA's allow disclosure to the spouse but the spouse's disclosure will void the settlement. The spouse may not be personally liable but i would expect the sigining spouse to be. if you want the cash, keep mum. If you want to fight over recovery with an NDA, don't sign and keep fighting. ... Read Answer

I looked up the docket. The Court granted defeault judgment against you (the only party who didn't appear) on June 15, 2021. On July 15, 2022, the Court appears to have dismissed the case against the remaining defendants. You need to engage counsel to move to vacate the default judgment. To succeed on this motion, you need to demonstrate that you: (1) have a reasonable excuse for not answering and (2) a meritorious defense. The plaintiff's attorneys contend they served you by proxy on Feb. 18, 2020 at 401 NE 1st St. (in Hallandale Beach) by giving a copy of the lawsuit to Klaudjak Kosilov and, on March 12, 2020, by taping a copy to the apartment door and mailing a copy to that address. You'll need to explain how its possible you never received notice in some detail.  Second, the Court notes in the decision dismissing the complaint against the remaming defendants that plaintiff testified you allegedly struck him with a barstool. I do not have access to anything but the docket and electronically filed papers, but the court notes that someone had photographs, you were terminated after the incident, and my guess is everyone was more than happy to throw you under the bus. Engage counsel to assess your rights, defenses, likelihood of success and whether you had any personal liability insurance coverage in place at the time of the incident. Insurance will not defend assault claims and will not pick up claims after default judgment is entered but if you can get the default vacated based on a contrary version of the incident that does not include you assaulting plaintiff, insurance coverage may be available (such as personal liability coverage in a homeowners policy). Westchester County is a reasonably strict court. The presiding Justice who defaulted you is a new to the bench. My conclusion is that your motion will be scrutnized meaning this is not a lay-up. It will cost several thousand dollars to make the motion but the alternative is having judgment entered against you.... Read Answer

Opinions are not actionable in New York. Our state law only allows a defamation claim to proceed against a statement of objective fact that is probably false. Moreover, our long-arm jurisdiction statute exludes defamation so jurisdiction in New York courts over out-of-state defendants for statements made online is highly questionable. Finally, our Strategic Litigation Against Public Participation protects all online statements on matters of public interest, which typically includes consumer rights or complaints.  So next steps: a notice of apperance means somebody filed a summons in New York Supreme Court and is presumably trying to serve your friend. I'd collect a copy of your social media post, your friend's repost (mere republication is not actionable even if the original post is), the cease and desist letters, and the court papers your friend recieved and get a consult from a New York attorney to develop an action plan. Look for a free consult and get started. Delay doesn't help you. The action plan is probably a demand letter to withdraw any action and pointing out further legal proceedings will likely result in the company paying your attorneys' fees. There's no law against the New York Company coming to your state and suing you there, though. Whatever state that is, I suspect they'll have similar problems under any state defamation law.... Read Answer

Unpaid wages are taken very seriously in New York. There may be DOL notice violations also. You may be entitled to liquidated damages, often double the amount you are owed, and your own attorney's fees and the costs of filing can be court-ordered for payment by that employer. Plus the individual business owner should be personally on the hook for unpaid wages in most cases, if your lawsuit names them individually, so liquidation or bankruptcy of the owner does not leave you high and dry. However, the amount in controversy appears small. You may not have sufficient revenues by the business to file in federal court. And even a federal court may be reluctant to award the amount of attorney's fees which may be necessary for collection. Remember that litigation takes time and effort regardless of the amount pursued. And the restaurant could fight payment requiring you to retain a collections lawyer in the end. Overall your best option might be filing in small claims court in the county where that restaurant does or has a business operation. A small claims court judge will review your documentation and hear from both sides, assuming the restaurant responds. If it doesn't even show up you could have a default judgement entered in your favor and then collecting on it will be a separate matter. It's a process and if you wish to learn about the legal system yours may be an excellent one in which to do so. Gather your documentation and good luck!... Read Answer