New York Recent Legal Answers from Lawyers

Sorry to hear what happened to you.  As owner and operator of the NYC subway system, the MTA / NYCTA has a legal responsibility to maintain the platform in a reasonably safe condition.  It is responsible for any dangerous conditions on the platform about which it had notice, either actual notice (it knew about the condition) or constructive notice (the dangerous condition was visible and apparent and existed for a long enough period before your fall to have permitted the MTA / NYCTA to discovery it).  Unless you can demonstrate that the MTA / NYCTA either knew or should have known about the dangerous condition, they will not be legally responsible for your fall and resulting injuries.  In other words, if the condition that caused you to fall existed for only a few minutes (or even seconds) before your fall, the MTA / NYCTA would not have had sufficient time in which to discover it and correct it.   Keep in mind that before you can bring a lawsuit against the MTA / NYCTA, you must first file a Notice of Claim within 90 days of the incident, .  If you do not file a Notice of Claim during such time period, you will be unable to bring a lawsuit later on. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

Based on your facts you may have a claim against the contractor. You may be able to sue him for breach of contract, negligence, violations of NY General Business law, etc. I strongly suggest that you speak with an attorney to assist you with suing the contractor. Keep in mind that you need to move quickly. ... Read Answer

The Occupational Safety and Health Act is a federal law which requires reasonably safe workplaces for everyone. Constructive discharge is VERY hard to prove. It means that an employee is forced to quit and that no reasonable employee would have remained and tolerated the workplace, often because the employee is being discriminated or subjected to a hostile work environment. OSHA can be more challenging to prove. Have you spoken to your employer or contacted OSHA if the employer is not interested in discussing the situation with you? Hopefully the employer does not have a legitimate, non-discriminatory reason to fire you. If you had reason to believe that you are a whistleblower, your facts unclear in that regard, the employer could not retaliate against you. But if the employer has other valid, legitimate reasons to let you go those could deny you unemployment since gross misconduct and quitting are usually unemployment benefits disqualifiers. If you don't already have a job lined up, start looking, and definitely speak with several employment lawyers before you take any action. Your facts are not specific enough to support any type of action based on your disclosures herein. You need to speak with employment lawyers before doing anything. Good luck.  ... Read Answer

Surrendering with an attorney has some advantages, the most important of which is that once you're represented by counsel, the police should NOT interview you without your lawyer present. As far as going straight to Court, the police will still have to process you (fingerprint, get your pedigree information, etc.) however, many times if you're represented by an attorney they can speak with the detective to arrange a beneficial time for you when the detective is not otherwise busy that may result in a reduced processing time and get you out more quickly. ... Read Answer

The question would appear to be the relevance of the divorce document. If it was not relevant to the question of your qualification for naturalization, you can submit a new application. If it is germane to the qualification, you should obtain it either by the time that you file for naturalization or by the date of your 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 Answer

Harassment is usually associated with sex. A hostile work environment or a hostile workplace can be created by discrimination of various sorts. Hostile workplaces can be motivated by sex, race, religion, national origin, disability, perceiveed disability or various other protected classes of persons. Everyone is protected by sex, gender, and race discrimination because we are all classified by those classes which cannot be changed or only with some extensive and often expensive measures. Schools prohibit bullying of students within those institutions. But employees generally are not protected from workplaces which are not nice, not civil, or unpleasant. Supervisors, in general, can be mean to the employees they supervise. They just can't be mean to one or more employees because of an employee's race, sex, gender, religion, disability, national origin, etc... You get the picture. So we are always on the lookout for discrimination, if we can prove it. And in many cases nasty or unpleasant supervirsors get away with it. What you should be careful about is not becoming involved in a personal dispute or disagreement with your supervisor. A supervisor who does not like someone might be able to get rid of them in a non-discriminatory way and there is nothing illegal about that. There are some very sneaky, sometimes nasty, sometimes slightly unhinged supervisors who get away with some pretty bad behavior. Make sure you are not insubordinate. If the supervisor directs an employee to act the employee should do so. Take notes. Pay attention. Keep a lookout for discrimination and document it if you hear or see it. But this supervisor has already sent you a message that they might want you to leave. If this is not the right place start looking for a job now. Because supervisors don't have to act perfectly and they can fire someone for absolutely no reason. Unless you have evidence of discrimination, always a challenge to prove, consider moving on if this is not the place because nasty, evil supervisors are usually not the first ones for firing. Sometimes it's the good employees who had enough and spoke out one too many times who are asked to leave first and that's not illegal. Call the NLRB about unionizing at work.... Read Answer

Whose name a particular item is held in is not usually relevant to determining how the asset is to be divided in a divorce. With narrow exceptions (premarital property, inheritance, gift to an individual, award in a personal injury lawsuit) the question is whether the asset was obtained during the marriage, which is defined as from the date of marriage to the date of the first filing for divorce. Whether you earned approximately the same amount during the marriage is also generally irrelevant when it comes to a discussion of equitable distribution.... Read Answer

COVID is a very serious virus and as a country we might have a false sense of normalcy when that is not reality. My dentist attended a wedding and came down with a bad sinus infection. When other wedding party family called her with similar illnesses they all got tested and most of them had COVID. All vaccinated and one became very ill. So this is not over. Schools are potential incubators for mass outbreaks. They are apparently sending you a message that ill employees should stay home and always get tested after any illness. I think any of us who become ill and want to return to indoor workplaces will get tested following illnesses for years to come. The new reality. You should discuss the matter with a union attorney. That's why they represent you in exchange for paying union dues. Private lawyers will likiely charge thousands to represent you at a hearing with NO guarantees. If your union believes this may be a terminable offense that might be the case with private counsel or a union attorney. Any lawyer who advises you should: 1) Carefully review your union contract and all policies, procedures, handbooks, and documents governing your employment. 2) Carefully review your entire personnel file which may be FOIL requested by you or anyone else. If you don't have a complete copy this may be the time to request it because any disciplinary decisions will be made on anything and likely everything in that file. You will definitely not want to ever return to work in the future after any illness without a test or doctor's visit showing that you are clear. 3) All COVID protocols and policies especially the Tuesday testing one to determine whether you complied with those. 4) Any other memos, postings, prophylactic policies, state or federal mandates, DOE requirements, etc... associated with COVID. 5) DOE licensure or certification requirements. Depending on your own credentials you may want to investigate whether you violated any laws protecting the vulnerable. Children and elders are specially covered by the Justice Center and other agencies so make sure, maybe through your union, that your licensure or certifications will not be affected and hire private counsel if there is any potential issue there.  ... Read Answer

As a federal employee you need to consult with employment lawyers who focus on or specialize in representing federal employees. Although the general anti-discrimination laws apply to federal employees the rules and procedures for handling their claims are rather unique. Most of us in the City know enough to defer those claims to attorneys who handle them regularly and are therefore more familiar with the codes, regulations, rules, procedures applicable to federal employees. There are a few attorneys in NYC with NELA or in the greater DC area also with NELA. If an attorneys focuses or specializes in federal employment matters they can likely handle your claim from anywhere since the very specific questions they ask you will reveal that both of you understand the challenges of federal employment and federal government claims.  Google NELA and that should provide a list of options to choose from. Good luck.... Read Answer

If you are not willing to pay the deductible to have your own insurance carrier cover the damage and the other driver's insurance will not cover the damages in full, your only option would be to sue the other driver (either for the full amount or for your deductible if you get your vehicle repaired first)  Keep in mind that if the other driver's insurance will not cover the damages in full, winning a lawsuit against the other driver might leave you with nothing more than a paper judgment (as you'll be left trying to collect against the defendant).  In the end it might be easier to pay the deductible and then sue the other driver in small claims court to recoup your deductible. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com    ... Read Answer

Sorry to hear what happened to you.  In New York, the other driver (and his insurance carrier) would be responsible for the fair market value of your vehicle (or the cost to repair the damage), whichever was less.  With regard to recoveing consequential damages, that gets trickier.  Certainly you would be entitled to the cost of having to temporarily rent a car.  Once you get compensated for the cost of your vehicle, however, you'd arguably have no basis to remain out of work as you could purchase a replacement vehicle (or drive your repaired vehicle).  And depending on the wording of the other driver's insurance policy, it might not even cover any such damages (which means even if you won a lawsuit against the other driver, his insurance carrier would not be required to pay the judgment if you won).   Unfortunately, as you've probbably experienced already, most attorneys are not interested in taking on property damage claims of this nature or for this amount.  You can try your local bar association's legal referral service or attorney directories such as AVVO, Justia or Martindale.  Keep in mind that the jurisdictional limits of small claims court in New York is only $10,000.  If your damages exceed that threshold you'll need to bring your lawsuit in civil court. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

The NVC like other immigration related agencies has been slowed by the pandemic and revenue problems, and so has many delays. Two months does not seem like an overly long time. You may wish to check back again with the NVC before hiring a lawyer. 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 do not know your particular situation and so cannot advise you which one is the better opportunity for success. If you have completed a specialized master related to the position, perhaps your chances are as good or even better with your current company than they would be with the new company. If you are really confused, you should speak with the attorney or attorneys who are handling your case for an opinion. Good attorneys will usually give a candid assessment if you request one. 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

Based on your scenario, you should consider speaking with the new owner of the property regarding your payments, your security deposit, and your decision as to whether you wish to remain in the apartment.  You should consider speaking with an attorney regarding your legal options. ... Read Answer

While criminal contempt is a serious charge, it is not necessarily one that can't be resolved without jail time. Generally speaking your attorney should be negotiating with the District Attorney's Office towards a possible disposition that would not involve you going to jail. Typically these can include violations, adjournments in contemplation of dismissal, or even in a worst case scenario a misdemeanor with a program. Your best bet though is to contact an experienced criminal defense attorney to help you by negotiating with the DA. Good luck!... Read Answer

Due to the displacement of Ukrainians, many of whom are viewed as refugees, they will likely have to process as refugees unless they already have a non-immigrant visa to visit.  Note that a person who applies for a B1/B2 non-immigrant visitor visa is presumed to have immigrant intent as a matter of law.  The burden of proof to overcome that presumption which is required seems to outweigh the cost of filing for a non-immigrant visitor visa. The U. S. Consulate in Krakow seems to be routinely denying such humanitarian B2 visa requests.  It is unclear, even if unlikely, whether any exceptions are being made or alternatives provided without careful inquiry. There are other options such as humanitarian parole, but the evidence required often outweighs those who are seeking refuge as war victims.  Again, this latter options will take less time for a decision compared with seeking refugee status, but humanitarian parole is used for purposes different from those fleeing the terror of Putin.  This, given the alternatives provided in Europe. If there is interest in seeking or reviewing the facts and the grounds for humanitarian parole, then schedule a consultation with a competent and experienced immigration attorney who has worked with cases involving humanitarian parole, such as my office.  Particularly, an immigration attorney who will take enough time for a reasonable review, but also provide advice. This is general information, not legal advice, and does not create an attorney client relationship.imm ... Read Answer

Garnishment is by definition a judicial proceeding. That means that a court order would need to be pursued and entered or recorded by some clerk of court. Apparently you have cut and pasted a part of an agreement with your former employer. The language appears to mean business. In other words it looks like no nonsense terms. It would not be unusual to find prevailing party's attorneys' fees and costs awardable as well since you apparently agreed to this remedy. As a side note, if prevailing party attorneys' fees and costs are available you might owe several times the amount you fear being garnished plus interest and possibly other remedies. The wisest option might be to have a skilled employment lawyer review all documents which governed your prior employment relationship. Most of these matters are resolved pre-litigation since employees sometimes lose their former and current jobs if they failed to disclose everything they were obligated to disclose to secure a new position. The worst case scenario might be losing the former job, being let go from your current position, and owing several times the amount you suspect you may have to repay. And if you did not report that money on your tax return, there may be IRS or state or local tax penalties for not doing so as well. Speak with a tax lawyer. Calling a payment "not wages or earned compensation" does not mean that you are not subject to reporting the amount on your taxes or paying taxes on it yourself. Were I facing this scenario I would lawyer up immediately because waiting longer is very likely to cost much more than resolving it pre-litigation. Just a suggestion from New York's Employment Law Reality Check law firm.... Read Answer

Is there a provision within your agreement that if you resign with good cause that you will not be required to repay a bonus, advance or whatever else your employer calls the money? It appears that we're you fired for good cause, presumably defined within your agreement, that you would be responsible for repayment. Parties are free to enter into agreements. No lawyer can provide you with advice or an opinion you can rely upon without reviewing all documents you may have signed or which were incorporated by reference into the agreement from which you extracted what may or may not control your contractual duties or obligations. If the amount in controversy is substantial pay an employment lawyer to review all documents. Many of us have been doing so remotely for clients for years. Read lawyer reviews online to decide for yourself. Remember that the last sentence you provided with what appears might be prevailing party attorney fees could be multiple times the amount you are considering whether to repay. Good luck!... Read Answer

Any qualified physician may treat mental health issues. All M.D.s are authorized to prescribe medication including for mental health issues although most will defer to specialists. I am without knowledge of any law or regulation which prohibits your OB practitioner from opining about mental health issues. Although, I suspect that if the employer retained a mental health expert your OB would probably defer to your own mental health expert as well. You should meet with your employer. They have the right to counsel and/or direct you regarding your duties for work. Regardless of what they have done in the past, if you wish to keep this job you may want to consider meeting with them. If for no other reason than to ask them what else they need from you. They could suggest your consulting with an independent medical expert at the employer's expense. If they did so you may wish to prepare your own mental health provider with advance notice of same. This is not legal advice. We have no lawyer client relationship. But if you have been performing your duties well remotely, there appears to be no reason that you will not continue doing so in the future. Some employers feel or presume that some pregnant employees may not return to work after giving birth. Meeting with them may aleviate their concerns. Caring for a newborn is time-consuming and they may suspect that you will no longer devote the hours which most professionals have given during COVID working remotely. They may want assurance from you that you will continue doing the presumably great work you have done so far. I personally know several employees who are much more productive working remotely, partly because their mental health challenges were overwhelming in-person, pre-COVID, when they needed to work in a confined office. If your mental health expert believes that applies to you maybe discussing this now is a good option. If this employer intends to bring everyone back into the office, maybe that's not for you? But you need to assure them why that's necessary for you and how the employer will continue to receive outstanding or acceptable performance from you. If they believe your performance was not what they expected pre-pregnancy maybe this is the time to discuss accommodations which may have nothing or little to do with pregnancy. Good luck. Not legal advice. No lawyer client relationship. Accommodations are all about communication and give and take between employer and employee.... Read Answer