New York Recent Legal Answers from Lawyers

The father should file a petition in family court for visitation.  It is almost always in the best interest of the child for the father to have regular and meaningful contact with the child and the courts will typically bend over backwards to make certain that there is reasonable parenting time to the non-custodial parent based on the circumstances.... Read More

Our firm is highly experienced in estate litigation disputes.  That is one of our main practice areas.  Beneficiaries, nominated executors, administrators, individual and corporate fiduciaries, trustees and other third-party professionals rely on our attorneys to create compelling solutions to the most complex estate-related conflicts. Our services include will probate, will contests, estate and trust accounting, discovery proceedings, turnover proceedings, defending fiduciaries, protecting beneficiaries, and so on. Below is a link. https://www.vmmlegal.com/areas-of-practice/wills-trusts-and-estates/trust-and-estate-litigation/ Please give me a call if you'd like to discuss your case.... Read More

The broad answer to your question is that the board will generally be allowed to make such a rule as long as they followed the by-laws in terms of the methods for voting on such an issue.  While the fee seems excessive, the board has the right to do so under it's business judgment authority.  ... Read More

Hi, You do have legal recourse to try to recoup what you put into your ex-boyfriend's house.  Your situation sounds like a classic example of a constructive trust case....this is a type of equitable remedy a court can impose on your ex providing you with certain rights.  There are other potential legal remedies as well, such as unjust enrichment. As far as the check is concerned, you should provide the following special endorsement "Under protest" and cash the check if you can.  At least you would be partially reimbursed for your costs and you can sue for the difference. Feel free to contact me if you would like to discuss the matter further.... Read More

Good morning Maritza, Is there currently any type of custody order?  If so, does it provide your son with joint legal custody?  If there is no custody order, it would be imperative for your son to seek a custody order.  He needs certain protections in place to make sure he is afforded legal (decision making custody) and parenting time.  Also, based on your post, perhaps it would be in the child's interest that your son have primary residential custody.  These are things that need a deep exploration and a proper legal strategy.   As far as the 3/28 date, is that for a hearing on the Order of Protection or something else?  If the basis is solely for your son yelling at your daughter-in-law, the petition should be dismissed.   These are very important issues that need a deep discussion.  If your case is in the NYC area and you would like to discuss further, feel free to contact me.... Read More

Sorry to hear what happened to your case. I've never heard of having a client sign a waiver of conflict in the context of an appeal. You should certainly ask the lawyer to the identify and explain the conflict they are asking you to waive. Also make sure that they are not asking you to release them from any negligence / malpractice on their part which have contributed to the dismissal of your case. Unfortunately, given the posture of your case, you will not likely find an attorney willing to pursue your appeal on a contingency fee basis. Unless you are willing to pay an appellate attorney out-of-pocket, your only option might be sticking with your current lawyer. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Mr. Clark, sorry to hear what happened to you. In a medical malpractice case, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Although cutting the bile duct may be a foreseeable risk of having one's gallbladder removed, not recognizing the cut during the initial surgery may very well constitute a departure from the standard of care. That said and without minimizing what you went through, a two week hospitalization followed by a 2 month recovery at home might not justify the time and expense of a malpractice lawsuit. If you haven't already, get copies of your medical records and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and AVVO. Hope this helps, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

The best way to find out if the action is still pending or has been disposed of is by checking with the county clerk. When you sthat that divorce is uncontested, are you saying that there are no issues with respect to child support, custody, spousal support, or equitable distribution of marital assets?   Did your wife retain an attorney or prepare the papers herself (pro se)?  You may want to contact the attorney or your ex-wife to find out the status. There are several affidavits that need to be submitted by both sides in order for a final judgment of divorce to be granted.  There are a number of other important forms that the plaintiff would need to submit as well.  ... Read More

Good morning, With respect to adoption, generally speaking you are required to obtain the consent of the biological parents.  However, in a situation where the biological parent failed to maintain substantial and continuous contact with the child, consent may not be required.  Nonetheless, it is advised that you do some due diligence to locate the biological parent and seek his or her consent.  Thereafter, you have to file a petitition in family court. A name change is a separate petition that you would want to undertake after the adoption is complete.    ... Read More

To your second question, US citizens should not be worried about travel bans at this time. You, your siblings, and mother should be safe in traveling. The birthright citizenship Executive Order has no effect at this time. On the second question of your mother’s approved petitions for her siblings, President Trump has not yet proposed changing the family preference categories as he did in his first term, but there is a good possibility that he will get around to doing so. In that case, any effect on your mother’s petitions would be determined by the language of the passed legislation. Please note that such a change would require a bill by Congress and could not be done through regulation or executive order. 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 happened to you. Apart from contacting your insurance, you might want to contact the utility company (or perhaps the town) and let them know that the utility line is down so that other motorists do not hit it. You might also want to ask the utility company if it would be willing to pay for your property damage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Sorry to hear what happened to your daughter. Unfortunately, slipping and falling is arguably an inherent risk of dancing (even with shoes). Absent any evidence that the organizer of the dance class did anything to increase that risk, or evidence that there was something on the floor which caused her to slip, a lawsuit would not likely be successful. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More