New York Recent Legal Answers from Lawyers

Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests through case-by-case basis and generally require supporting documentation, acquiring legal representation is integral to ensure this complex situation remains rectified. (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read More

It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you with complete estate planning and solid advice for a reasonable flat fee that will be worth every penny.  Please feel free to contact me if you have any questions.... Read More

Your neighbor's grape plants are encroaching onto your property.  You can bring a legal action to require your neighbor to remove the encroachment, seek a permanent injunction and damages.  Should you wish to proceed, we can help.  Prior to commencing suit, we can send a letter asking her to remove the encroachment.... Read More

Dear Sir or Madam - Your post doesn't give nearly enough information about your matter for a New York City Wrongful Termination Attorney to determine whether you may have a viable claim against your ex-employer for wrongful termination or for anything else.  See generally my recent article entitled Do I Have A Claim For Wrongful Termination Against My Employer In Manhattan? < https://www.davidrichlaw.com/do-i-have-a-claim-for-wrongful-termination-against-my-employer-in-manhattan/ >.  Instead, today, you should call an adept New York City Wrongful Termination Lawyer to schedule an initial consultation about your matter.... Read More

It is always advisable to have a lawyer review your estate planning and advise you accordingly, including with respect to any modifications.  Wills can be invalidated or contested if they are not prepared properly.  It is better to pay an attorney to do it right the first time.  ... Read More

If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. 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

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