New York Recent Legal Answers from Lawyers

Mr. Cifaldi, if you've already settled your case for skin cancer and signed what is known as a General Release, there is little hope of getting additional compensation for your other conditions / injuries.  A General Release would have included ALL claims, known and unknown, from the beginning of time up until the date of your release.  You should speak with your attorney and ask why you did not recover any compensation for these other conditions (or if the settlement does, in fact, include all of your claims).  Keep in mind that in the big scheme of things, skin cancer is arguably more significant than your other conditions which might explain why the settlement only made reference to it. 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 More

It is likley they can do that.  Since they are on the deed, I presume it gives all parties equal shares of the home.  If the home were worth $100,000, then you, your spouse, your daughter, and your son-in-law each have 1/4 equity interest, $25,000.  If your home is worth $200,000, then it is $50,000.00.  I suggest contacting an attorney in your state to verify.  ... Read More

Yes of course you can sue him.  If you think he"LLP respond to you without a lawsuit, you can speak to him and ask for money, but of course you can't force him to pay anything without suing him.  If you don't want to engage an attorney, the website for NY courts offers a guide to pro se litigants which will help you do it yourself. ... Read More

You will have to have a process server  serve an appropriate 90 day notice of termination on your tenant. If the tenant doesn't vacate when the notice expires,  you eill then have to start a holdover eviction action against your tenant in Housing Court. While your tenant remains in occupancy you need to make all required repairs and continue to provide essential services. ... Read More

You will have other questions you find as you seek to open an e-commerce web site or App.  In my experience, working with a lawyer as you begin will save you a lot of money in the future. I have written a legal guide  with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog You may want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

Posting your information creates no legal liability unless it came from information that the poster had an obligation to keep private under a privacy policy.  If that is the case, you could claim a data breach.   You will want to discuss your situation with a lawyer in more detail.  Many lawyers offer a free phone consultation.... Read More

If you made false allegations against your significant other and want the case dismissed, you should contact your significant other's Attorney and speak with them. They will be able to assist you with getting the charges dropped and vacating the order of protection. It is important to note though, that you should not contact your significant other because even if you initiate the contact, that can still be viewed as a violation of the order of protection on their end and can result in additional criminal charges against them.   In terms of whether you will be charged with perjury or filing a false police report, that's impossible to say definitively, but typically the police department does not arrest potential domestic violence victims for allegations that they have made. With that being said, if you are concerned that you may be arrested, you should contact an attorney immediately and discuss your options directly with them.   ... Read More

If you made false allegations against your significant other and want the case dismissed, you should contact your significant other's Attorney and speak with them. They will be able to assist you with getting the charges dropped and vacating the order of protection. It is important to note though, that you should not contact your significant other because even if you initiate the contact, that can still be viewed as a violation of the order of protection on their end and can result in additional criminal charges against them. ... Read More

This may depend on whether they were charged with operating the vehicle with no license or unauthorized use of a vehicle. More likely than not if they were just charged with operating a vehicle without a valid license (VTL 509.1) then I doubt the Court would contact your daughter. With that being said, if they were charged with unauthorized use of a vehicle PL § 165.05 then the Prosecutor would almost certainly be in touch with your daughter as the owner of the vehicle to determine whether or not your friend had her permission and authority to operate the vehicle.   ... Read More

So this can depend on where you got the ticket. Most importantly, if you got the ticket in New York City you should be aware that the NYC Traffic Violations Bureau does not negotiate or plea bargain at all, and in order to get any type of reduction or dismissal there, you will have to take the case to trial.    If you are outside of New York City though, you can speak with your attorney and they will be able to negotiate with the prosecutor in an attempt to work out a plea deal that will result in a lesser violation than what you have been charged with. Oftentimes through mitigation information a plea deal can be worked out with significantly less points. With that being said, your best bet is to speak with your attorney regarding the specifics of your case and your situation, because that will give you a much better idea of what you will be looking at. ... Read More

Dealing with a website’s customer service is often a difficult task.  If you do not resolve the issue with the first contact with them, future contact results in nothing but computer-generated responses which do not address your issues.   You don't want to sue them -- that will cost you a fortune, take many years, and you won't win.  You can however retain a lawyer to advocate for you.   In my experience, someone from the website will respond to a communication on a lawyer's stationary.  That response will come from someone at the website who has the ability to research the issue and the authority to take action if warranted.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. When an executor is refusing to provide an informal accounting of the estate or updating beneficiaries, the court can order the executor to provide an accounting. In section 2205 of the Surrogate’s Court Procedure Act, “the court may at any time, upon it appearing that it is for the best interests of the estate, make an order (a) requiring a fiduciary to file an intermediate or final account within such time and in such manner as directed by it, (b) suspending a fiduciary who being duly cited to account neglects to appear on the return of process without showing a satisfactory excuse, therefore, or who fails to file an account within such time and in such manner as directed by the court…”  If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read More

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. You are indicating that you believe that the will was improperly executed and/or that the testator could have lacked the capacity to execute (sign) the will. Generally, any person whose interest in properly or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will. Some reasons to object to the probate of the will would be improper execution, forgery, lack of testamentary capacity and/or duress or undue influence. If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read More

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. The heirs of the remainderman would inherit the property when there is a life estate. The remainderman in your situation would be your Mother. When the remainderman dies before the life estate holder (your grandmother), her interest in the property would pass to her heirs or to another remainderman if there was one. If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read More

A: How quick your divorce takes depends in part in the county you file the divorce in, as well as how quick the parties are to return the necessary documents.  One also needs to know whether there's any children and/or property/assets involved (even if the latter is going to be waived) as that may slow down the process somewhat.  Schedule a consult with a Divorce Attorney in your area for a full assessment.... Read More