New York Recent Legal Answers from Lawyers

If you haven't already done so, you need to immediately inform your landlord of all the problems in writing and demand that your landlord address them and demand reimbursement and a rent abatement. Your lease likely has a clause requiring carpeting so you're entitled to know whether your upstairs neighbors are in compliance. If they are not your landlord must ensure that they install carpeting. Take videos documenting the noise level, time and length of disturbances. If you have renter's insurance, make a claim if the damage exceeds your deductible. If all else fails stop paying rent and let the landlord take you to court, keeping in mind that if you're found to be in the wrong you may end up paying the landlord's legal fees. That being said, if your lease is coming up for renewal and you don't plan to stay, your landlord might not pursue you for back rent if you agree to leave. Determining the best response to your problem requires more information on how long you intend to stay based on the length of your lease, assuming the problems are resolved. ... Read More

If your attorney had a $30K offer to settle your case that you turned down, the attorney would be entitled to a one third legal fee by statute when your case ultimately settles, unless you could prove legal malpractice or failure to work the case resulted in the case being worth less than it should've been. Did you get another attorney and if so, Is the case still in litigation or has it settled? Personal injury attorneys don't necessarily take on legal malpractice cases, so you can't assume your current attorney will handle this aspect of your case.... Read More

If you contributed to the down payment on the house and have been paying the mortgage at least partially with money that you brought into the marriage or earned by working outside of the house during the marriage, you have a very good argument that you've acquired an interest in the house through a constructive trust.  More information is needed for an accurate answer. ... Read More

You can absolutely sue your neighbor for trespass and property damage for the cost to rebuild your retaining wall, assuming it did not violate any local building codes and ordinances. Such statutes generally set height limits, may have guidelines for building materials and may also require permits. Before you rebuild check your local building department to determine whether you need a permit. Even if your retaining wall was built without a permit or violated the local building code in some other way, that didn't give your neighbor the right to take it down. They could've complained to the building department which would've investigated and made a determination as to the legality of the retaining wall.... Read More

If the judge ordered your neighbor to finish the fence and they didn't, you can file an order to show cause to hold your neighbor in contempt of court to force your neighbor to finish the fence. You could also finish the fence yourself and sue your neighbor for the cost. But you'd need to be careful with that because you don't want to inadvertently fence yourself out of property that belongs to you. You might consider doing a survey before you start any fence project- boundaries shift over the years, it's good to know exactly what's yours. ... Read More

In an application from B-2 to F-1, the usual inquiry of USCIS is when was the first contact with the school. This is seen as more relevant in determining the intent of the individual upon coming to the US than applying for a driver’s license or opening a bank account. 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

If your 19 year old is working full time or otherwise financially independent, married, or in the military, you can go to court and make a motion for a reduction in child support based upon her being emancipated. However, if she is still financially dependent on her custodial parent, you're obliged to pay until she's at least 21 or as per any child support agreement you signed that sets out the circumstances under which your children are considered emancipated for purposes of child support obligations.... Read More

This could be both a products liability and a medical malpractice or personal injury case. The question of whether the helmet was defective needs to be explored, as does whether the doctor properly explained how to use it, whether your son properly used it, whether it was appropriate to use it, and if the doctor waited too long to instruct your son to stop using it.  The viability of the case will also depend on the severity of the deformity. You should be aware that the statute of limitations for products liability litigation is three years from the date of injury and medical malpractice is 2 1/2 years. ... Read More

You are not obliged to keep your tenant forever, but you can't start an eviction until Jan 5. Assuming your tenant is month-to-month and not in the middle of a lease term, you'll need to serve a 60 or 90 day notice to quit depending how long your tenant has been there. If the tenant doesn't leave after being served, you can start a holdover proceeding. While you cannot collect rent while you're in the middle of a holdover eviction, you can demand "use-and-occupancy" in your petition, which is the market rental value of the apartment, and get a money judgment for the same. If the tenant attempts to delay the eviction, you can ask the judge to order the tenant to pay use & occupancy to the court or directly to you as a condition of a second adjournment, while the eviction is pending.... Read More

Repossessing a vending machine in New York that was financed to a customer and placed on someone else's private property involves several legal and practical considerations. Here's a general guideline on how to proceed after you hire an attorney to help you: Review the Contract: Begin by reviewing the financing contract with the customer. It should include terms regarding default and repossession. This contract will dictate your legal rights in this situation. Notice of Default: If the customer has defaulted according to the terms of the contract (such as failing to make payments), you should provide them with a formal notice of default, as required by the contract and applicable laws. Communicate with the Property Owner: Since the vending machine is on someone else's property, you must communicate with the property owner. Explain the situation and seek their permission to enter the property to repossess the machine. It's important to gain their cooperation to avoid allegations of trespassing. Hire a Repossession Service: Consider hiring a professional repossession service to handle the physical removal of the vending machine. They are experienced in dealing with such situations and can help minimize legal risks. Comply with Legal Requirements: Ensure that all actions taken comply with New York state laws regarding repossession. This may include providing certain notices or following specific procedures to avoid legal issues such as claims of wrongful repossession or trespass. Avoid Breach of Peace: During the repossession process, it is crucial to avoid any actions that could be construed as a breach of peace, which can lead to legal liabilities. Seek Legal Advice: Given the complexities and potential legal issues involved in such a situation, it's advisable to consult with a lawyer who specializes in commercial law or creditor rights. They can provide guidance tailored to your specific situation and help ensure that you are acting within the bounds of the law. Document Everything: Keep a detailed record of all communications, notices, and actions taken during the repossession process. This documentation can be crucial if there are any disputes or legal proceedings in the future. Remember, each situation can be unique, and the steps above should be adapted based on the specifics of your case and in accordance with legal advice. Nick Spradlin, Esq. Attorney & Counselor at Law. 23 Years of Business Law Experience. Offices: FL TX NY Washington DC (DC = Federal work only)   The information provided is not intended as legal advice. Legal advice is case specific and is not provided by this post. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. No one should act upon any information in this post without careful consideration for your specific fact situation, without careful analysis, and without seeking professional advice where appropriate. The information contained in this post is provided only as general information, which may or may not reflect the most current legal developments.    ... Read More

If the settlement agreement you signed is properly drafted there shouldn't be uncertainty about when you will receive the settlement payment. The agreement should state how much is the payment you should will get, when the deadline for the payment to be made and what remedy is available to you if the payment is not made by the deadline. In short, your answer should be in the settlement agreement if it was drafted properly.... Read More

You can probably use the DBA to create a new LLC of the same name.  You can open an LLC in any state in the country, no residency required. Mostly, you need to speak with a business attoney to get the facts straight and set things up correctly, Sincerely, Andrew M. JaffeAttorney at law 330-983-4842Afternoons Eastern Time... Read More