New York Recent Legal Answers from Lawyers

Dear Madam - No responsible attorney is going to give you advice, on a chat board, regarding statute of limitations issues.  That said, and depending on your particular facts and circumstances, you may well have a viable case against your municipal employer for unequally paying you based on your gender.  In such a lawsuit, you may be able to recover triple damages.  See my recent article entitled "What Rights To Equal Pay Does An Executive Or A Professional Have In New York?" < https://www.davidrichlaw.com/what-rights-to-equal-pay-does-an-executive-or-a-professional-have-in-new-york/ >.  Today, you should call an experienced New York City Equal Pay Lawyer and set up an initial consultation about your matter. Sincerely, David S. Rich... Read More

Sorry to hear what happened to you. If the salon was on notice of your medical condition and, ignoring the condition, performed a procedure that aggravated the condition, it could be responsible for the resulting harm. Best to speak with an experienced personal injury attorney. You can find many excellent attorneys using legal directories such as Find Law, Super Lawyers, Martindale and AVVO. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Ms. Watson, sorry to hear what happened to you. In New York, before you can file a lawsuit against the State of New York, you must first file a Notice of Claim within 90 days of the occurrence. If you haven't filed a Notice of Claim yet, you will be uanble to bring a lawsuit against the State. Here's something I found online which you might find helpful, https://ww2.nycourts.gov/COURTS/nyscourtofclaims/faq.shtml Keep in mind that under the doctrine of qualified immunity, the State would likely not have any liability for not performing what you believe to have been a thorough enough investigation. The individual who assaulted you, however, would be responsible for any harm she caused you. The statute of limitations for bringing a lawsuit against this individual would be one (1) year from the date of the incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Mr. Graham, sorry to hear what happened to you. The short answer to your question is yes, you can be compensated, provided you can prove that the nursing facility's treatment of you fell below the accepted standard of care; and that said departure was a proximate cause of your injury. If you haven't already, speak with an experienced personal injury attorney. You can find many excellent attorneys using legal directories such as Martindale, Super Lawyers, Find Law and AVVO. You don't try to handle it by yourself - you'll never be taken seriously. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Ms. Andrews, I'm so sorry for your loss. Before you can sue a municipality, you must first file a Notice of Claim. After the Notice of Claim is filed, you will be asked to appear for a 50-h hearing at which time an attorney will ask you questions about the claim. Once that's completed, the next step would be to file a lawsuit against the municipality. Again, the Notice of Claim / 50-h hearing are both prerequisites to the filing of the lawsuit.  If you haven't already, you should consider hiring an experienced personal injury attorney. Litigating a wrongful death case is difficult even for seasoned litigators, even more so for a pro se plaintiff. You can find many excellent attorneys using legal directories such as Find Law, Super Lawyers, Martindale and AVVO. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Dear Sir or Madam - I'm sorry that your governmental ex-employer treated you badly.  Generally speaking, the time periods within which to sue for unequal pay depend upon the particular statute under which you are suing.  See generally my recent article entitled "What Rights To Equal Pay Does An Executive Or A Professional Have In New York?" < https://www.davidrichlaw.com/what-rights-to-equal-pay-does-an-executive-or-a-professional-have-in-new-york/ >.  Depending upon your particular facts and circumstances, you may well have viable claims against your government ex-employer for unequally paying you based on your gender.  Today, you should call a knowledgeable New York City Employment Lawyer about your matter.   Sincerely, David Rich... Read More

It sounds like the administrator of the estate id trying to account for expenses of the deceased which may have been paid out of his or her account after he or she died for bills which existed at the time of his or her death.  This would be necessary for purposes of any estate or inheritance tax returns.  Debts of a deceased person are typically allowed as deductions from the taxable value of any property he or she had at the time of death.  As for your individual accounts information that sounds like overreaching but the joint account is probably proper.  For the joint account if you do not turn over the information the Executor may need to use a subpoena to order you or the bank to turn over the statements.  I advise you to do what you can to cooperate - it helps resolve loose ends for your now-deceased partner.... Read More

With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make nonessential trips outside the US. If you do go out of the country, however, our recommendation is that you reenter under an O-1B visa rather than OPT. 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

Since your Husband has vacated the premises, he cannot make a current complaint about any abuse.  Any such complaint would be unsubtantiated and would not result in any final order of protection.  Thus, there should be no impact or bearing on your license. You should keep a journal of any and all interactions, which includes dates and times and summaries of events.  This should be done contemporaneously with any such events.  Keep copies of all texts, emails and other communications.   If you do not already have security cameras at the exterior and interior of your premises, you should get cameras to record any relevant footage. However, I recommend before you provide your husband with any more money voluntarily, you should have a consultation with respect to your rights and potential liabilities as well as any potential spousal support rights that your husband may have.... Read More

Since you have no renter's or homeowner's insurance, you'll have to hire a lawyer if you want someone to negotiate on your behalf or defend you in the event you get sued. Although most plaintiff's PI lawyers work on a contingency fee basis, defense lawyers do not. You can find many excellent attorneys using legal directories such as Martindale.com, Lawyers.com and AVVO.com.  Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read More

Sir or Madam - Yes, depending on your particular facts and circumstances, you may have viable claims against your ex-employer for discriminatory or retaliatory termination of your employment.  See my recent article entitled "Am I Entitled To A Religious Exemption From My Employer’s Requirement That All Of Its Employees In Manhattan, NY Be Vaccinated Against COVID-19?" < https://www.davidrichlaw.com/religious-exemption-from-employer-mandated-covid-19-vaccine-requirement/> Today, you should call an adept New York City Wrongful Termination Attorney about your matter.   Sincerely, David S. Rich... Read More

Good morning, Since the house was purchased prior to the marriage it is not a marital asset.  However, that does not mean you do not have a marital claim.  You do have a claim for some of the appreciation at the very least.  You would not be entitled to one-half the house in a divorce but you do have some legal rights. Let me know if you would like a further consultation.... Read More

The issue is whether you have an executed settlement agreement as part of the mediation process.  If yes, then the answer is: it's whatever the agreement states you're responsible for.  If it's silent on the issue, then you're not responsible for paying the loss.  If you don't have an executed agreemnt, then this is an issue which must be resolved in further mediation.  Schedule a consult with a Divorce Attorney in your area for a full assessment.... Read More

Given the interval between obtaining permanent residency in February and your plan to change jobs in July 5 months later, my opinion is that your spouse should not have a problem on her adjustment of status application because of your job change. It might be a different story if you changed jobs quickly after obtaining your permanent residence since an employment based green card (presumably through PERM labor certification) presupposes a commitment by both employer and employee to have a permanent job for the employee. 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

Sorry to hear what you went through. Putting aside the question of whether the student's treatment fell below the accepted standard of care for another dental student, temporary pain, even excruciating pain, without more, will not justify the time and expense of a dental malpractice lawsuit. Malpractice lawsuits are typically warranted when there's been a serious, permanent injury, not a condition that can be corrected with another procedure. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

As the old saying goes, no harm, no foul. Damages are an essential element of any lawsuit. Without any damages, there's no point in bringing a lawsuit. You can always report the incident to the mechanic's supervisor to put him on notice of the individual's arguable incompetence. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Good morning Kimberly, Your situation involves several legal issues including foreclosure, trust and estate law, potential partition of property and other issues.  In order to have a plan and go through your options, a consultation would be necessary to discuss the background and a strategy in detail. Feel free to contact me to set up a consultation.... Read More

The STEM OPT program requires that you work with an E-verified employer. You are not allowed to work with one that is not on E-Verify. 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

Good morning.  You can file for bankruptcy without affecting his home as long as you were not on the mortgage and you otherwise qualify.  If you are considering doing so and are located within NYC or Nassau or Suffolk County and would like to discuss it further, please give me a call.... Read More

If your friend’s J-1 is not subject to a two-year home residence requirement, she can seek a change of status to nonimmigrant categories other than H and L in the US. Attempting to switch to tourist or student visa could run into questions about whether she actually intends to leave the US following the expiration of those statuses. A possible problem is that if the U visa application is approved and then a nonimmigrant status is approved, the later approved application will be the one that is valid. Although we are not that familiar with U visas, we understand that U visa applicants are usually allowed to remain in the US under deferred action or parole during the pendency of the application. Other than these observations, I suggest that your friend attempt to keep closer communication with her legal team on her options after the filing of the U visa application. 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