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Found 213 results

  1. Here is our problem. My ex-husband(since 1992) passed away in December 2016. We both remarried many years ago. We had two children together and there are 3 grandchildren involved. Over the years, he has always told us that my daughter and grandchildren will be well taken care of when he passes. He had a massive heart attack several years before he passed...but recovered and was still very weak from it. Six months before he died, he came to our granddaughters sweet 16 party, and told my husband and myself that he knew he was quite ill and that our daughter and grandchildren are well cared for in his will. We always knew this. Then, after he died, my daughter waited a few months to be contacted by his wife about the will...and she heard nothing. Finally she called her and his wife said she was disregarding the will and keeping everything. I would like to find out if there is anything my daughter can do about this. The will supposedly was written up by the second wifes brother..but we can't find out if he filed it or not., and also if that was a conflict of interest. Thank you for any input into the dilemma.
  2. Living in a tax credit building I submitted all documentation I am always asked to submit. This was done now I am asked to give all deposits and details of of the cash deposits which I feel is a violation of my constitutional rights being free from unreasonable search and seizes. I have never been asked to submit documentation for this ever and wanted to know if the compliance Dept has overstepped? I feel this Dept is looking for a reason to take away my section 8, I did comply stating what the transactions were for but they want all details ? My constitutional rights are being violated and not sure what the next steps are I need help. I am also on disability a person with several disabilities. Thank you
  3. I work 7 days a week with a set schedule of 25 hours. Until last Christmas I always got the holidays off and paid the amount of hours I normally was scheduled for. Without any notice, I wasn't getting holiday pay anymore. When I asked about it, the manager said, that it was a mistake to have paid me holiday pay when I'm p/t. P/T'ers don't get holiday pay. All full time employees are off and getting holiday pay. There is only one other p/t employee and I never see that person to ask if they don't get paid for the holidays. It's been said, that if I wanted to get paid for the holiday, I should work the holiday or not get paid. At my spouses job, all employees, p/t or f/t get the holidays off and get paid for it. Is this legal or should I just start looking for another p/t position?
  4. Suffolk County, NY Is the land in my front yard that meets the town road mine ? I believe it is. I must maintain it (cut the grass, etc), but if I wanted to put a fence up, I have to place it 6 feet from the road. ?? I understand that if the town wanted to put in a sidewalk (easement), they could. There is none there at present. I know i do not own the utility pole, but do i still own that land ?? Am I able (legally) to place BIG boulders in front to dissuade people from parking on my grass (i could easily remove them if the town decided to put in a sidewalk) ?? Are they (by law) able to park (or walk) on the lawn that I have to upkeep ?? They wouldn't be able to park two wheels up on the grass, two wheels on the road if there was a sidewalk there thats for sure.What happens if someone hit's these boulder(s) with their car and gets hurt ? Can they sue ???? And, are people allowed to park on the road in front of someone else's home (residential neighborhood) ?? If so, for how long ??
  5. Hi, My partners & I recently sold property. Our property manager had been using a contractor for snow plowing for several years. Despite repeated requests from the property manager he has not billed for his services for years. He found out we were selling and sent us bills totaling over $36,000, dating back to 1/6/2015. I and my co-managers took over management of the LLC (the entity that owned the property) in September of last year. We declined to pay the bills that predated our tenure as managers, as we did not request or approve his services. We did agree to pay one current bill. Now he is threatening to sue both the LLC and the property manager for the total amount due. Does the Doctrine of Laches apply here? If so, approximately how far back does it apply? Bills have various dates, from 1/6/15 to 3/15/17. If he had billed in a timely fashion, we could easily have paid out of income. There is no income now, only our savings which we have promised to distribute pro rata to the LLC members. Does that demonstrate prejudice?
  6. My Grandmother passed away last year and she had won a case in court and their was a judgement for the defendant to pay her X amount of money. The money has not been paid and it has been years, as far as I know my grandmothers attorney had done what he could to seize judgement and the last thing that was left was that they put a lien on his property so if he were to sell my grandmother would have been made whole from that sale. She has passed and that judgement was left to me. From what I understand it is good for a certain number of years(I'm not sure how many). I guess I'm hoping if anyone could give me any information about a situation like this and help me figure out how I can ensure that this holds up. Would I have to probate the will? is there anything that the defendant can do to get out of paying(even though he hasn't paid a dime)? Thanks in advance.
  7. So my ex has been out of my son's life all but two weeks of his life he is eight months old. He has never bought anything for him or paid for anything. I pay about $800 a month to keep my son in between daycare, diapers, wipes and anything else he needs. He had a 14 an hour job working 40 hours a week but lost it due to coke and alcohol problems. How much should he be obligated to pay?
  8. Hi, Recently, my mother opened a personal wealth management account at Citibank and asked that I be named the Designated Beneficiary. She was given a document listing me as the "ETF" on the account. When I asked her what ETF stands for, she could not tell me. A search of the forum and Google turned up nothing. Does anyone know what ETF stands for when it comes to designated beneficiaries? I've never heard of it before or if I have, I forgot what it means. I guess I was just expecting the document to say "Designated Beneficiary and/or POD (Payable on Death) somewhere in the documentation. Thanks in advance.
  9. Hi, My question: is an employer allowed to include earnings not yet received on a 1099? I am an independent contractor who used to be paid on a monthly basis. The last check I received was on 12/7/17 (envelope was postmarked 12/4/17). The check was dated 11/17/17 and was for work completed in October. I am still waiting for payment for November and December. I just received my 1099-Misc and it includes the money owed. I am not happy having to pay taxes on money I have not received. Thank you
  10. I'm joe, I had a microdiscectomy on 8/31/17. A couple of days after surgery I noticed the site was infected. Very painful, fever. I was put on heavy duty antibiotics. 5 months later the scar is discolored. The surgeon who did the procedure was very apologetic. I have an iodine allergy and he informed me that before surgery I was treated with iodine. When the surgeon saw my red allergy band he had me cleaned up and a different antiseptic was used. Is the grounds for a lawsuit. He also says that the surgery was a failure and I now need fusion surgery. Don't know what to do please help.
  11. I made a statement against my bf last night about an incident that happened 2 weeks ago. I had a picture and I gave it to the cops. I called tonight to have the statement dropped and everything dropped. He hasn’t been picked up or charged or arrested. What will happen?
  12. My question is regarding a Last Chance Agreement. I was forced to sign this, however it reads more like a warning. The Employee Handbook under Due Process states that a period of remediation would precede any termination. Can I be forced to sign this being that I am a contract employee, and this is worse than the due process referenced? A copy of the "Agreement" is below. In response to tardiness the following are required: 1. No more instances of tardiness will .be permitted without reasonable exception and formal documentation of the reason and duration. 2. Medication that may limit your job duties must be documented with Employee Health Services. Failure to comply with all guidelines for the duration of your employment will result in immediate termination. _________Signature__________
  13. We moved into our home in May 2017 and were eager to use our fireplace right away. The living room ended up filling with smoke pretty good so we called a chimney company to come take a look at it a few days later. They told us we needed a new damper, and that our fireplace chimney, as well as the flues from our gas boiler and gas hot water tank should be relined. So we paid $2,700 to have this work done. This was June 5th. Fast forward to Christmas Eve 2017, we smelled some gas in our basement so we called the utility company to come take a look. There was a small leak which he was able to correct right away but he brought to our attention that the flue from the water heater was in a dangerously steep downward position, when code dictates that it needs to be on an upward grade of at least 1/4" for every foot. So he had to disconnect and cap our hot water tank because there was a danger of carbon monoxide leaking backwards through the flue back into our basement. This morning we had the original chimney company come out and fix this issue and the guy who came admitted that we wouldn't have even needed a windy day for the carbon monoxide to be pushed back out into our basement and that he saw absolutely no reason for why the angle of the piping had been changed by the person who did the work back in June. My question is A) how to I go about ensuring we get fully reimbursed for the original work that was done? The owner is supposedly on holidays right now so I have not spoken to him about this yet and not sure if he'll protest or not. B ) are we entitled to any kind of compensation for such a dangerous situation being created in our home. It should be noted that 3 weeks ago I miscarried at 10 weeks and while that may have been totally unrelated, who's to say there's not a link or that there hasn't been low-level carbon monixide poinsoning going on for months. I just want to know how we should go about handling this - is it worth getting a lawyer involved for any reason or are their any licensing boards, etc who can help mediate this and let us know our rights. Thanks
  14. A police officer stops a car based on a traffic infraction. He gets the motorists driver's license and goes back to his car. The computer to check the motorist for a suspended license or warrants is not working. The officer decides to give the motorist a break on the traffic infraction and lets him go with a warning. 10 minutes later, the police officer checks to see if the computer is working and runs the motorist's name. It turns out the motorist had a warrant for his arrest. 3 -4 hour hours go by and the same motorist comes into the precinct to file a police report for lost property or a crime that took place. Regardless, he comes into the precinct. The officer recognizes the motorist from the car stop and puts him under arrest for the warrant. Is he justified? Doesn't the officer need a reason to stop a person and then arrest him on warrant? If he comes into the precinct, can the officer just arrest him like that or does he need to commit an offense before the warrant can be applied? Also, let's say the officer arrests him on the warrant hours after the traffic stop and finds cocaine on him? Can he charge him with cocaine? That would be also be good as search incident to lawful arrest correct? Would there be a difference between an arrest warrant and bench warrant in this scenario? This is for NYC.
  15. An executor of a will is not going to probate it and the decedent had a home owned with no mortgage. The decedent was my brother but I am not on will. My Brother was never married and has no children. The property taxes exceed $24,000 and foreclosure is imminent. The executor stated they will not probate will. It was only filed. Do I have any recourse in trying to void will due to her no doing anything?
  16. We moved into our home in May 2017 and were eager to use our fireplace right away. The living room ended up filling with smoke pretty good so we called a chimney company to come take a look at it a few days later. They told us we needed a new damper, and that our fireplace chimney, as well as the flues from our gas boiler and gas hot water tank should be relined. So we paid $2,700 to have this work done. This was June 5th. Fast forward to Christmas Eve 2017, we smelled some gas in our basement so we called the utility company to come take a look. There was a small leak which he was able to correct right away but he brought to our attention that the flue from the water heater was in a dangerously steep downward position, when code dictates that it needs to be on an upward grade of at least 1/4" for every foot. So he had to disconnect and cap our hot water tank because there was a danger of carbon monoxide leaking backwards through the flue back into our basement. This morning we had the original chimney company come out and fix this issue and the guy who came admitted that we wouldn't have even needed a windy day for the carbon monoxide to be pushed back out into our basement and that he saw absolutely no reason for why the angle of the piping had been changed by the person who did the work back in June. My question is A) how to I go about ensuring we get fully reimbursed for the original work that was done? The owner is supposedly on holidays right now so I have not spoken to him about this yet and not sure if he'll protest or not. B ) are we entitled to any kind of compensation for such a dangerous situation being created in our home. It should be noted that 3 weeks ago I miscarried at 10 weeks and while that may have been totally unrelated, who's to say there's not a link or that there hasn't been low-level carbon monixide poinsoning going on for months. I just want to know how we should go about handling this - is it worth getting a lawyer involved for any reason or are their any licensing boards, etc who can help mediate this and let us know our rights. Thanks
  17. We moved into our home in May 2017 and were eager to use our fireplace right away. The living room ended up filling with smoke pretty good so we called a chimney company to come take a look at it a few days later. They told us we needed a new damper, and that our fireplace chimney, as well as the flues from our gas boiler and gas hot water tank should be relined. So we paid $2,700 to have this work done. This was June 5th. Fast forward to Christmas Eve 2017, we smelled some gas in our basement so we called the utility company to come take a look. There was a small leak which he was able to correct right away but he brought to our attention that the flue from the water heater was in a dangerously steep downward position, when code dictates that it needs to be on an upward grade of at least 1/4" for every foot. So he had to disconnect and cap our hot water tank because there was a danger of carbon monoxide leaking backwards through the flue back into our basement. This morning we had the original chimney company come out and fix this issue and the guy who came admitted that we wouldn't have even needed a windy day for the carbon monoxide to be pushed back out into our basement and that he saw absolutely no reason for why the angle of the piping had been changed by the person who did the work back in June. My question is A) how to I go about ensuring we get fully reimbursed for the original work that was done? The owner is supposedly on holidays right now so I have not spoken to him about this yet and not sure if he'll protest or not. B ) are we entitled to any kind of compensation for such a dangerous situation being created in our home. It should be noted that 3 weeks ago I miscarried at 10 weeks and while that may have been totally unrelated, who's to say there's not a link or that there hasn't been low-level carbon monixide poinsoning going on for months. I just want to know how we should go about handling this - is it worth getting a lawyer involved for any reason or are their any licensing boards, etc who can help mediate this and let us know our rights. Thanks
  18. Well to questions about asbestos handling. I was superintendent in the nineties about 1993 the real state owner (owned few buildings)ask me to remove asbestos from steam heating pipes of two of the buildings I was superintendent, by that time I did not know what the dangers of asbestos and implications where ( I thought just old insulation had to be removed)to install new insulation, and the old insulation (asbestos was put at the curbside for regular sanitation pick up. can I sue the owner? If I get sick in the future can I get compensate Can I report what happened years ago to the city of NY, New York department of sanitation Can I get in trouble for it?
  19. I bought a coop in 2006 in New York. At the beginning of the purchase, my boyfriend asked his brother in Los Angles to help by using his home equity credit line of loan to pay off the purchase with all cash. In the same year after the purchase, I refinanced the coop and paid back my boyfriend's brother. My boyfriend and I lived in the coop apartment since I purchased in 2005. I paid the monthly maintenance and mortgage. My boyfriend brother did not say I should pay him for his help and did not say I owed him money at all, because my boyfriend and I helped him to take care of his properties in New York for free. Until my boyfriend suffered ALS disease in 2009 and passed away in 2013, his brother's wife sued me for money and made false statements in front of the Judge. Because I had no money to hire a lawyer, the brother side attorney cheated the court by getting a judgment against me for over $70,000 in the beginning of this year. I am going to appeal the judgment because the case is disposed in Oct. 2014 and the judgment awarded did not go through the court with filing a motion first.
  20. My heart is so heavy now that I really don't know where to begin. My 32 year old healthy nephew unexpectedly passed away in a Rochester New York hospital. Unfortunately, something was done to him which required his mom to place him there. He was not crazy and never attempted to hurt himself or anyone. He was a sweet soul who worked and provided from his daughter and himself. Never been in trouble with the law or nothing. Just a good spirited kid. Something was done to him which sent him to this dark place in his head where he would completely stop eating and drinking. My sister begged his doctors and nurses to do something, but they told her they could not force him to eat or drink anything if he refused because it was the law in New York. Now I remind you, that he had stop speaking and he could not advocate for himself. They would not hear my sister cry. Secondly, before my nephew stop talking he confessed with him mom that he ate something from a close friend and it didn't taste right. After that happen it screwed up his mind and his mom attempted to get her child to a place him somewhere she thought could help him. These people kept visiting him in the hospital and my sister knew these people did something to her child. Nevertheless, she asked the nurse to restrict these visitors from her son. It was like there constant presence sent him into a deeper state of seclusionin his mind. Once again they refused her request and told her she couldn't restrict anyone from seeing her son because it was the law. Without food and water we know our bodies will surely died. They had a judge assigned to him that would force him to take medicine but they could not fore him to eat or drink. I don't understand this. How is it possible to make someone take medicine but you cannot put them on a feed tube to try to substain his life to live and to fight another day. Giving him medicine to work on his mind is no good if his body was shutting down from malnutrition. My family and I should not be flying to New York tomorrow to help my sister bury her only son. No matter what we know we cannot bring him back. But this hospital fail him on every level. What happen to the doctor oath: do no harm! They did harm when they knew he wasn't eating or drinking anything and they did nothing but allowed him to died. They found him on the floor unresponsive and then told my sister they did all they could do. No they did not. They had weeks to intervene and him to keep his body going. Shouldn't they have known this sweet human being would die if he continued not to eat or drink. His mind was shut down where he could speak and feed himself. My sister begged and wanted to move him but they would not allow her to move him to the medical side where they could check his vitals and put him on a feeding tube since it was clear her child had no mind to feed his body. My sister asked me to help research the laws of New York. She wan answer and closure. He. should be celebrating Christmas with his two year old daughter. She want to know what are her legal options of recourse with this hospital. We don't want another family to go through this hurt of losing a love one. My sibilings and I will be with my sister to find a lawyer who will assist her with what course of action we can take before we bury her son on Friday. I found this site by chance and I hope someone can provide some general terminology as to what are the laws in New York that states a medical hospital cannot force a patient to eat or drink. And they are not held liable for not reacting with a sense of moral compass to step in and save a patient life by force feeding them through a feeding tube to keep them alive. No where to turn for answers-
  21. I recently purchased a house that has property located across the street from the house. On the far side of the property the lot lines come extremely close to another roadway but do not actually touch the road (about a 40-50 foot distance). So my question is, are there any laws that would act in my favor as far as accessing the property from this roadway? Would it be worth getting a lawyer? and is there any way I can appeal for a right of way or easement or would it be up to the discretion of the property owner? One note is that on the tax maps it appears as though the land in between the road and my property is a continuation of both pieces of adjacent property, owned by a nature preserve.
  22. My father just passed away. I am the executer. My father had dementia. He was 91 years old. I noted my father transferred a large amount of money to his lady in a CD POD three months prior to his death. His lady friend is on section 8. I find this transaction suspicious and would like to challenge. Any suggestions. Thank You.
  23. My mother would like to make her will self-proving by getting an affidavit of witnesses notarized (after signing her will in their presence and the presence of the notary and having them sign the will as witnesses at the same time). I gather that this is legal in New York State. The language I have found for such affidavits includes a statement that the witnesses are 'duly sworn'--the Bar Association's sample form starts out "Each of the undersigned, individually and severally being duly sworn, deposes and says..." and concludes "Severally sworn to before me..." Another sample form from expertlaw.com begins "We....the testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare..." There is a notary public in my village office, but when I called to ask if she could swear in witnesses and notarize their signatures she said she could witness and notarize signatures but was puzzled by the part about swearing in. I'm trying to understand two things: what exactly do the witnesses need to swear? Where can I find the legal form of words required--or should the notary know that? I've read that all notaries in NY can administer oaths... Any advice would be greatly appreciated.
  24. I have sole physical and legal custody with no visitation. After being laid off from my current position, I have been offered a better opportunity 3 hours away. We have always lived 3 hours away from her dad until 2 years ago when we moved within 30 minutes. I have allowed him to see her - which he has done infrequently for 16 years- only recently trying for once per month. I have accepted the position and he is now fighting me that I can not move without his consent. If he has never contested our living away from the state- can he contest that now?
  25. I Applied for a newly constructed building through a realtor in july 2017.I knew that it would take time to be done.Once it was near done the realtor contacted me and said come see it.I viewed the apt and said id take it only becsuse my voucher was do to be expiring if i didnt find anything.We went back to his office and he had me do his application (realtor) then did a background check which i understood is none refundable.Then once i was approved he asked for his broker fee so i did in money order.then I met someone from management and i was asked to give the security and one month of rent ,which i did in Postal Money Order since i was told all inspections past and would get my keys soon.So by now this is 3 mons past and i keep being told this inspection story .The realtor keeps telling me in 2 weeks everytime we speak.So after 7 mons and many extentions for my voucher.I tell him ,i want out because i havent moved in and im pressed for time on this voucher.He tells me at 1st sure because the moneys in Escrow (spell check) so ill discuss it with the lanlord.So instead when i went to see him inperson now he says the landlord will part with SOME of the money but that hell give me the brokers fee but will keep the credit check.I reminded him we never signed a lease agreement because theyve kept telling " itll be done soon". He acknowledged hes the one that told me this and will talk to the landlord again give back my money but to bemindful he may keep a few dollars. .. 1.) If we didnt do a lease or a packet for management AT ALL YET , can the landlord keep some money since im backing out? 2.) A relative whos a realtor suggested if i dnt get all money back since we didnt do a lease to call the police and get a report,is there another route to take?