New York Recent Legal Answers from Lawyers

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

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