New York Recent Legal Answers from Lawyers

Yes, the moratorium has expired. You may proceed. However, if the tenant filed with the srate for emergency rental assistance, your proceeding will be stayed pending the determination of your tenant's application. If your tenant does not have a lease or the lease expired, you should consider a Holdover eviction action.... Read Answer

If you are starting your own private practice in law you have different options, from a business law perspective, you may elect a sole proprietorship without any further filing. However, for purposes of limited liability, you may elect to organize your practice as an LLC, a PC, or an LLP. You have different options. For more information you can look here: https://gamlawoffice.com/business-formation-service/... Read Answer

I believe you asked this same question on AVVO. I tried to provide some suggestions on that site. Apply honestly and if you are even considering opening your own business or conducting business as an independent contractor on-line make sure you ask New York State's Department of Labor before doing so. Were you to engage in or launch your own business before requesting or informing DOL that you intend to do so, that oversight usually results in a denial of benefits. Request permission before applying for unemployment benefits. Call some employment lawyers who have handled unemployment appeals during COVID, which I have not had the time to do. ... Read Answer

You are correct that where your H-1B is valid until 6/2022 and your wife has H-4 status until the same date, you do not need to extend your wife’s status as it is not dependent upon the employer but upon your maintaining H-1B status. Your wife may wish to do so, however, to keep the same date as yours on your H-1B transfer. If you decide to file the I-539, your wife would put in the same proposed date of validity as your new H-1B on box 1 of part three. 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

When filing for a TN visa extension with USCIS, only a copy of the passport is required. Please note that USCIS does not do anything with the passport and only issues an I-797 s notice of approval if it decides to favorably adjudicate the TN extension request. If you travel outside the US, you will still have to pass inspection with Customs and Border Protection when you reenter the US in which the officer will take a look anew at the merits of your request for TN extension. 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

With certain important exceptions, a parent is obligated to support his or her child up to the age of 21 years.  You should consult an experienced Family Law attorney since these cases are very fact-dependent (for example, is there an existing court order; is either child emancipated; and other factors).... Read Answer

For TN extension, you can either go outside the US and cross back over with the adjudicator being Customs and Border Protection or you can request USCIS for an extension in the US. You would use form I-129 with the TN supplement. The address to mail to USCIS is: USPS, FedEx, UPS, and DHL deliveries: USCIS Vermont Service Center Attn: I-129 TN 38 River Road Essex Junction, VT  05479-0001 I-129/I-907 Premium Processing Premium Processing Service USCIS Vermont Service Center Attn: I-129 TN 30 River Road Essex Junction, VT 05452-3808 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

Although noncompetition agreements are not, generally, favorably viewed, courts do enforce them when necessary. Remember that an agreement is an agreement even if one side gets a bad deal. They use a balancing analysis to determine the impact on an employee's ability to work versus the investment, resources, contacts, training and other factors the employer invested and might unfairly lose. No one can answer your question with the sparse facts you provided. Rather than risk a cease and desist letter, possibly an injunction, you would best be servied by calling employment lawyers. Many will gladly speak with you on the phone for a few minutes. And probably most will agree to read and make suggestions on the actual restrictive covenant, employment offer letter, empoyer policies, other documents such as job descriptions which might be necessary for a flat fee. It's much cheaper to go that route than to lose 2 jobs. The one you quit and the new one which is potentially told about the restriction and lets you go for non-disclosure of the restriction.... Read Answer

Mr. Myers, so sorry to hear what happened to your mother. Whether your mother has a case will depend on whether the gas station had notice of the urine on which she slipped, i.e. that it either knew about it or, in the exercise of reasoanble care, should known about it and failed to clean it up.  Unfortunately, unless your mother suffered a serious, permanent injury, the indignity of sitting in a puddle of urine for 30-40 minutes might not justify the time and expense of a lawsuit.  You'd be better off reporting the incident to the gas station's owner and/or Sunoco corporate and see if they might be willing to compensate your mother for what she went through. 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

Yes.  Under New York Vehicle and Traffic Law § 388, every owner of a motor vehicle is responsible for any harm caused by the driver's negligence. https://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-388.html  Report the matter to your insurance company immediately.  It will hire attorneys to defend you and pay any judgment entered against you up to the limits of your insurance. 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

If you are not certain on how to process and prepare all the documents and collect all the documents that need to be obtained, then I suggest that you retain counsel to Represent you throughout the entire process. Some of us charge a reasonable flat fee and handle the case from start to finish.... Read Answer

Sorry to hear what you've been going through.  In New York, in order to bring a personal injury lawsuit arising out of a motor vehicle accident, you need to have sustained a "serious injury" within the meaning of the law.  Even if you haven't sustained a "serious injury", you should still file a claim for No-Fault benefits with your own insurance company so that your medical bills and lost earnings get paid.  Any such claim needs to be filed within 30 days of your accident. 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

Mr. Reyes, sorry to hear what you've been going through.  In New York, you can only bring a personal injury lawsuit arising out of a motor vehicle accident if you've suffered a "serious injury" within the meaning of the law.  The law has various definitions of what constitutes a serious injury.  Sinus issues, without more, might not qualify.  Even assuming your sinus issues constitute a "serious injury", you'd still need to prove through competent medical evidence that they were caused by the motor vehicle accident. 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

You will need to consult with an attorney to see if your husband qualifies for any relief from removal. I 130 helps only if you guys can prove real marriage and your husband qualities for adjustment of status or I 601a waiver. During the process for adjustment of status or Immigrant visa, you need to show you have sufficient income to sponsor your husband. That is when taxes come into play. If you cannot demonstrate that you have sufficient income, you will need to find a joint sponsor. Also, joint taxes help proving real marriage ... I hope to guys work with an experienced attorney.  If youare looming for more information of issues related to green card based on marriage you can check it out here: https://www.shautsova.com/m/law-publications/green-card-based-marriage-usc.html.  ... Read Answer

Sorry to hear what happened to you.  Whether you have a personal injury case depends on whether you suffered a "serious injury" within the meaning of the law.  Best to speak with an experienced personal injury attorney.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. 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

Mr. Sistrunk, so sorry for your loss.  In order to determine whether you have a viable wrongful death claim, you need to obtain copies of your mother's medical records and speak with an experienced personal injury attorney.  Keep in mind that the appropriate procedure to perform when someone is choking is the Heimlich maneuver, not CPR (which is only performed if they've stopped breathing).  And the Heimlich maneuver is not performed if the victim is still able to cough / talk. 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

Can they sue you?  Yes.  Should they be suinig the parents who furnished your son with the fireworks instead?  Yes.  There is no legal duty in New York for parents to supervise their children.  Putting the lawsuit aside, the parents of all the children involved ought to pool their resources and reimburse the neighbor for the damage caused by the fireworks (which are illegal in New York). 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

Mr. Judd, sorry to hear what happened to you.  Unforunately and without minimizing what you went through, the time and expense of a lawsuit would not be justified by temporarily choking on a piece of salt paper.  Best to speak with the manager and ask for a full refund / store credit. 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.  Although not impossible, it's unlikely that you got nail fungus from the nail salon.  Here's an article I found online which you might find helpful.  If the appearance of your nail really bothers you, make an appointment with a podiatrist.  The only way to treat nail fungus is with a course of oral antibiotics.  Topical medications do work as the fungus lives underneath the nail bed. Hope this helps. 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