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Found 137 results

  1. Hi, I have an IOU signed by my Mother (NY) and need to file a verified claim from out of state (Oh). My brother is exeutor with two other siblings- they do not want to pay it. I was not planning on forcing the issue until my brother (ex) started bulling me and is now refusing me my Mother's belongings- as is in her Will. After much research and talking to lawyers I finally decided I would make a claim. Estate was filed in early April- I have little time. I found forms but need direction on proper steps to filecorretly. Lawyers are running around and not walking me through. Doesn't seem difficult... butneeds to be done right! Already sent a claim letter to Executor with return rec't- but does it need to be the formal affidavit to him? Confused with form. Can I send these forms to county building with payment?? What is the fee??? Someone Please HELP>>> Confused- Is it simpler than I'm making it? Then what to do re: personal property that is Refused to me? Appreciate any guideance- Thank you
  2. My daughter's mother is remarried. By court order, she is supposed to provide insurance for our daughter. I recently found out that my daughter has been enrolled under her step father's insurance. All I care about is that my daughter has medical coverage, but this seems counter intuitive to me. Is it legal to have a dependent on your insurance when you have no legal guardianship over this dependent? Thank you in advance.
  3. I am getting laid off and have been looking for work. I have until the end of the month to get a job and had no luck landing one so far. If I have to apply for unemployment benefits, am I also able to work part-time to help out and cover the bills that unemployment can't cover? If not, are there any other benefits that can help out while I'm looking?
  4. After living in an apt for 9 months my friend came back to NY and wanted to take back his place. Thus breaking the 1 year lease agreement I had with him, which should really have been a sublease agreement. Not a real problem except that it was back in May 2013 and he still hasn't payed back my deposit in full. It was a $1800 deposit which he has payed $1000 back very slowly, I have to hound him every couple of weeks to even try and get him to pay. So I'm thinking I might be forced to sue. Also after receiving one of the rental receipts from the actual landlord during the first month of living there, I found out that he was only being charged $1200 for the apt and charging me $600 more. As well as in that same month of living there we had a conversation telling me that if the landlord or anybody else asks for him, to tell them he was on vacation. Making me believe that he never got the landlords permission to sublease the place. My questions are: 1. How do I start the small claims procedure? 2. Is charging $600 more on a sublease legal? and if its not legal can I receive restitution for him over charging me? 3. How can I get the receipts of those 9 months from the landlord? Since I'm guessing that information is private.
  5. My father created an Irrevocable Trust by his Tax Lawyer. His house and annuity are in the Irrevocable Trust. Can he sell his house if it is an Irrevocable Trust?
  6. i am in the process of negotiating a contract for sale of my home. I have agreed to get the outstanding C of O 's that were not filed on some features in the home because when I moved into the house in 1975 the C of O process was not enforced. There are 3 features in the home that existed when I bought the home without C of O 's. I did not know this until I put my house on the market. I agreed to put into my contract that I would cover the cost of getting the C of O's and if the C of O's were not obtained by closing that I would put money into escrow so the buyers could obtain and cover the C of O costs after closing. However, the buyers changed wording of the contract as shown below the line: ------------------------------------------------------------------------------------------------------------------------- " The Closing date shall be on or before X. In the event that the Seller is unable to obtain the required CO’s by (X + 1 month) the Purchaser at its option may elect to cancel the Contract and receive a full refund of its downpayment or the parties may agree to close with sufficient funds held in escrow to cover the cost of obtaining the C of O's...." ------------------------------------------------------------------------------------------------------------------------- My question is should I agree to this clause? There is no chance that the C of O's cannot be obtained.
  7. I live in Florida and my wife and I are getting divorced (amicably). I have a 1/3 ownership in a piece of property located in Manhattan, New York. I received an Income Execution for Support Order for arrears to my first ex-wife. Per the Income Execution Order my share of the rental income from the Manhattan property goes to her. My soon to be ex-wife and I have dicussed a property settlement and the only thing she has requested is my 1/3 share of this property in the divorce (I will keep our current house and my pension). I have no problem with this request but I am not sure if I am legally allowed to turn over ownership to her. She has stated that she is willing to continue the payments to my ex-wife until the Income Execution is satisfied. My question is, can I sign the property over to her in the divorce or do I have to retain ownership of the property until the Income Execution is satisfied? I am posting this as a New York question even though I live in Florida because my ex-wife lives in Queens, New York and the Income Execution Order was issued through the Queens courts. Thank you.
  8. Hello, I noticed that my salary was short about $1000 so called HR, thay said they received a garnishment order. I never contacted or knew I was being sought for a debt collection. Apparently this money is sought for unpaid product purchased by a clothing retailer that went out of business (bankruptcy) two years ago. I was part of original group to start business (twelve years ago) but had no involvement for many years. They reincorporated at new location and I was not a participant in company at that time. However, I'm identified as a "Successor in interest" but actually have no connection with this defunct business. I'm bleeding money and need to stop this ASAP at least so I can prove I'm not responsible. What action can I take immediately to stop this garnishment. How do I get my money back after it is cleared up? Thanks for your advice.
  9. i need a seasoned pedestrian case lawyer. im being sued and i need defense. i had a green light in a busy 2 way street i started driving (pedestrian on the sidewalk at that point)and a motorcycle went into oncoming traffic in front of me to pass a truck he was behind of. i avoided him by slowing down and moved slightly to my right(there are parked cars on my right by the sidewalk) when the motorcycle passed i look on my right the pedestrian who wasnt looking walked into my car and was hit by my right passenger mirror on their right arm. no damage to the car mirror folded in. my insurance co. told me i was liable by 15%. their lawyer and my insurance dont agree on liability hence the lawsuit.there may be video by surrounding buildings. i heard they had knee surgery and want emotional pain and suffering what worse is that the officer who witnessed it gave a citation that im inexperienced and wasnt paying attention yet he never gave me tickets. police report does say i had the green light. for the record i was looking and been driving 5yrs
  10. My mother-in-law and sister-in-law live in a Brooklyn apt for the past 10years. The end of last year (Dec. 2013) they have a new owner who's converting the apartments into Condos. The were told they had until February 2014 to either I guess stay and pay the high Condo price or leave. Mother-in-law (Senior Citizen) went to court and got an extension until July 2014 and was told if they keep paying their rent until next court date of September 2014 they could get another extension. They have been paying their rent and mother-in-law has been out of work for over a year now but again has been paying her rent via her 401K. With no job and minimal money they are asking family to help until that court date which once more is end of September. They are hoping to tell judge that she's a senior with no job and no money and judge will render either a senior discount on rent or even no rent at all is needed and they will be given the apt indefinite. Knowing that this beautiful Brooklyn vibrant area is booming with Condo apartments in high demand, could what they say be given to them? or could the new owner totally push them out? I ask because clearly the Judge gave them time from February to July and they are not trying to leave this apartment and now asking us to help. We want to help but do not wish to pay their high rent of $2,250 a month until their next court date and wait for yet another extension. My question is could new owner push them out? Are they crazy thinking judge could actually give her senior discount or even free rent indefinite? Just making sense of this before we waste hard earn money. Thank YOU!!!!
  11. Hello, my ex and I are the co-owners of 2 properties, one in upstate NY and the other in the Myrtle Beach area. We bought them in 2004 and 2006, respectivly. The ex made the down payment on both(inheritance money) with the agreement that I would pay for upgrades and renovations to both homes, which I did. In all we spent just about the same money.. My name is on the deeds and the mortgages, with the right for suvivorship. We split the bills for both homes, but he paid both mortages. The reason being is that we kept a rental apartment for work purposes where I paid all of the bills there, ie; rent ($1000 per mo) cable, telephone. The amount we spent on all of the places was realativly equal. We also split the insurances : car, home, and rental. I do not recall how we handled the taxes for each property. Fast forward to Dec 2010, I dicovered some indesctions concerning the ex (we had been together over 12 years at that time). Since they did not stop, I left him at the end of Feb 2011. I moved to a new place without him. Paying all the bills by myself. I stopped paying anything for the NYS property but continue to pay the common charges and the cable bill in S. Carolina. He continues to pay the other bills including the mortages (@1100 per mo.) Eventually he did move into the NYS house permanently. I still retain that house as my legal address. I have not been to either property in 3 plus years. We have been in touch sporadically over the last 3 years, mainly becaused my sister and my mom passed away in that time. I know this was a long background information. Im sorry. My dillema's have been: I asked him to buy me out, he said he couldn't afford it. I asked him to give me one of the properties, he said he wants to keep both. Finally this year, the S.Carolina property became a rental and is bringing in some income for both of us. (after a few years of me asking him to do it). In closing, and I know this was very long.... I just don't want anything to do with thes properties anymore, I need to move forward...I just want what is fair to me and that's where you come in. Do you have any suggestions, do I have any legal recourse, what is fair in your eyes. I know the ex owns another property so I even want to suggest that he give me that one and he can keep the 2 we own, and if there is a difference in appraisal prices the difference(s) would be made up. Please Help Me
  12. Can anyone point me to the CPLR that would tell me definitively what the SOL would be for filing a counterclaim in a defamation suit in NYS? The counterclaims include defamation. Normally the SOL would be 1 year, but I have been told by two attorneys that the plaintiff on the counterclaim would get the same "clock" as the original plaintiff - that is, 1 year back from the date the original plaintiff filed their claim. (For example, if I file my counterclaim in June 2014 but the original suit was filed in December 2013, is my SOL "clock" for my counterclaim from June 2013, or is it from December 2012?). Other attorneys disagree and say that the SOL would be 1 year no matter what.
  13. On May 16th, my roommate and I activated a release clause to move out of our apartment by June 30th. The release clause states that we owe $200 for breaking the lease which we offered and the landlord told us he did not need because he had the apartment taken for a July 1st move in date and used a free advertising service. We moved out, cleaned the apartment, fixed up some things, left the keys, and called the landlord on June 29th to inform him that we were out of the apartment. A few days later, we received a letter from the landlord claiming the new tenants refused to move in and pay rent for the month of July. He told us that we owe July rent and is withholding our security deposit. He has also reported issues with the apartment that are unreasonable and were existent when we moved in. We told him we were not paying the rent and would take him to small claims court for the security deposit. He responded saying it is our fault that the new tenant did not pay rent for July. We responded claiming the lease was broken when we returned the keys and the landlord had a new tenant and that the landlord could take a reasonable amount for the repairs he claims to have made. The landlord’s response that we received yesterday informed us that he still intends on collecting the rent, the $200 for breaking the lease (which he did not take when offered), and the repair fee. He applied our security deposit and a small amount from the new tenants leaving us with $5 that we still owe. He also included that there are storm windows missing insinuating that we stole from him. My question is do we have a chance to get our security deposit back by taking him to small claims court? Thanks in advance!
  14. My brother and I bought a house in 2009. Both of our name is on the deed, 50/50 each. When we re-finance the house in 2011, only his name was on the mortgage loan since I thought I would be leaving. We still paid half/half of the monthly mortgage bill. Now that I am getting married and he is moving out of state, he wants to sell his half of the house to me. What would the process be? We want to do this on our own but don't know the steps on how to do it. Would the process be like this: 1. Get the house appraised. (by whom? - bank?) 2. He sell his share of the house to me based on what it is worth. 3. If the house is worth 200,000, then his share is 100,000. I don't have 100,000 to pay him, can I take a loan from the bank to pay him? and the bank can add the loan to my mortgage? What are the options I have in paying him back. 4. Get a lawyer to remove his name on the deed and give me full ownership. What are the estimated fees of doing this process. Currently, we have a wells fargo mortgage. Thank you. Greatly appreciate all your answers.
  15. A friend (who has a clean vehicle record) got a over-time meter parking ticket in Ossining Village. Ticket indicates fine is $30. Village tickets are adjudicated in Ossining TOWN Justice Court. On Ossining TOWN Court website it reads "The Court may impose a fine greater than the fine that the TVB had the authority to impose." My question: Is a Judge authorized to impose a greater fine than printed on the parking ticket (considering, of course, it's responded to on a timely basis)?
  16. This is a Law Firm in Henan Province, China. We now have some copyright infringement cases in New York. And we are looking for a partner who can cooperate with us to handle these cases. We hope establish communication by dealing with a couple of cases. And if the effect is satisfactory, we will consider pulling further cooperation, because we have many similar cases in hands. There is only one requirement that we hope these cases could be contingent. We think this is a rare opportunity to start a multinational cooperation. And we sincerely hope find an appropriate partner who are confident and competent enough to handle these cases. We will provide more details if you want to know more.
  17. In New York,how does someone prove that his landlord, its representatives, and his landlord's attorney committed defamation against him both in the form of libel and slander, then arrive at the amount in both punitive and compensatory damages to sue for in Supreme Court?Defamatory statements that were made include, but are not limited to, a) I told someone I have a gun and would use it to shoot someone; I have engaged in extortionate practices; c) I am a predator; d) I tampered with an electrical outlet; e) I filed false complaints against my landlord and defamed it; f) I have harassed my landlord and neighbors; g) I intended to live rent-free upon moving into my apartment. My landlord is ****** Company, LLC. Its attorney is M**** F*******. I'm going after their licenses.
  18. I purchased a 2012 Nissan Versa SV new from a dealership. I have driven the vehicle for nearly 55k miles before I had to replace the front brakes. I ended up going to the auto parts store to buy the brakes so I could do them myself, but the parts that correspond to the SV wouldn't fit no matter what I did. Finally the auto parts store looked up the parts using my VIN and I found that I actually had the Nissan Versa S, which is the base model. I'm not sure what to do in this instance if I had purchased a Nissan Versa SV but my VIN and the parts that correspond with my vehicle are for a Nissan Versa S. The rear of my vehicle and all my paperwork that I've retained all say SV, what do I do?
  19. My DNA was not found on the elledged weapon used in an assault, but the prosecutor says this is normal. Is this true?
  20. My wife and I bought a house in her name because in addition to living, I was going to run a business and we wanted to avoid the liability of getting sued. The NYC property increased vastly in appreciation over more than two dozen years. The appreciation was due mainly to market forces, but I took on all the expenses of developing the property, maintaining it, and paying all the bills. Now with a divorce, I want to know about equitable distribution of the property's appreciation.
  21. I'm not really familiar with this board or where to ask my question so I apologize in advance if the question is misplaced. This situation is also very complicated. My sister and her boyfriend both have several mental disorders. She's bipolar, suffers from depression and has DID and he's also bipolar and depressive. I recently found out that she has been cutting herself and that he has been having suicidal thoughts. They've been living together even though she has a restraining order against him, and we fear that calling the cops would only put my nephew in jeopardy. She's 24, her boyfriend is 25 and my nephew is 3. What chance do I as the uncle have in getting custody of my nephew, and what options do I have if any? Both my parents are fully involved as well. Can my sister voluntarily give me custody of my nephew?
  22. Last winter a neighbor began putting out cones to reserve parking spots in the street. There are very few driveways here in New York City, so I had no problem with that at the time. After shoveling snow for over an hour, who wants to return from a twenty minute errand to find their spot filled? I totally got it. But when you go out to work for eight or more hours and start putting out one, then two, then three cones, holding up to five spaces for your family's cars all day long, I do have a bit of a problem with that. So when I came home from the supermarket with tons of groceries and the only open spot had a cone in it, I moved it and parked. A while later the cops showed. I told them that the law states that, among other things, a driveway must be eight feet wide and have a ten-foot curb cut angled to the street. He asked what laws? I couldn't recall at the time (it's the NY City Vehicle And Traffic laws), so he said that he thought he knew the laws and couldn't recall any one that said anything like that. He added that if the house's deed said it was a driveway, then he was writing me a ticket. Well, I guess it did say so, because he did write me one. I tried to explain that laws change but he really didn't care one way or another what I said. What I am asking is, do you think I can beat this ticket with photos of the site and citations of the laws I found? Also, does anyone know of any other laws, or more specific ones, with respect to dimensions of what is considered a legal NY City driveway? The houses here are very old--up to 100 years of age. The "driveway" is about six feet in width. A compact car can fit but you can't open the doors to exit. It is actually the space between two houses which are now owned by the same person. This was never an issue before the current owner moved in. I personally don't care where I park. I only got involved when several neighbors talked to me about it. I'm the area's "get-it-done" person. My husband's family lived here for over 45 years before they died and he remembers that the space had been a problem during the sale of one of the houses in the past, but he doesn't know any details. Anything pointing me in the right direction would help. I don't have to be given a direct quote (unless you know one).
  23. Hi all, I'm trying to navigate the world of irrevocable trusts. Here is a scenario: If a husband and wife own a house in tenancy by the entirety, and place the house in an irrevocable trust with their children as the beneficiaries, what happens to the tenancy by the entirety status? Does it become severed and downgraded to tenancy in common? This seems reasonable because the irrevocable trust is not in itself a marriage and this should not qualify for tenancy by the entirety. If the answers to the questions above are both YES, then what happens if the husband dies before the wife? Does the irrevocable trust then become cancelled? Or can such a provision be put in the trust document and be enforceable (I'm more interested in New York)? Or how about if the husband and all of the named beneficiaries die before the wife. What then happens to the house and trust? Again, can provisions be put in the trust to allow the wife to then get back the title to the house? Finally, I've been searching for case and could not find anything regrading having an LLC as the trustee to an irrevocable trust. I'm assuming this is possible, since corporations in General can be trustees. However, what I'm more interested in is the possibility of having an LLC be the trustee in an irrevocable trust, while also having either the husband or the wife be a member or part owner of the LLC itself. The point of an irrevocable trust, I know, is to completely separate control of trust property from the trustors. However, in the scenario where the husband or wife is also an part-owner of the LLC trustee, would it be a violation of any state law (perhaps New York State law) to do this?
  24. My employer merged with another organization. I've been told that I have to reapply in order to keep my current position. I'm in a union so I thought I'd have more protection/options than other non-union workers but people talk as though we are all in the same situation? Does anyone know if this sounds correct? Shouldn't there be something in the bargaining agreement to address the merger? Thanks.
  25. Here in Staten Island, a borough of NY City, my neighbor owns the two houses directly next to mine. For many months she was putting cones in the public street to illegally reserve spots for herself and her family--a total of four or more spaces. It's small, narrow block and parking is at a minimum. I didn't say anything at first because it began when it snowed this past winter. I can understand when, after shoveling two feet of snow for your car, you want your space to be there in 20 minutes when you get back from a short errand run. But it continued and went from one cone to two to "reserving" space for nearly five large cars. And it starts at about 6 AM and goes on all day until 5 PM. So I began to file complaints. The cops would come and put the cones up on the sidewalk. As soon as they left, she'd come out and replace them in the street. The other day I came home from grocery shopping and had a bunch of bags, some very heavy. I usually don't give a damn where I park. As long as I don't have to walk 10 miles, I'm a happy camper. After all, this is NY City! Well, the only spot had a cone. So I got out, put the cone up on the curb, and parked. A while later the cops showed and I went out to explain that according to the laws in NYC, there has to be a ten-foot curb cut, properly angled to the street. There also has to be a minimum of eight feet across for it to be a legal driveway. And, it must be at least seven feet from a road sign or a tree (both of these are near the "driveway"). Her "driveway" is about five feet or so across. A compact car would fit but you would not be able to open the doors to get out. There is also no curb cut. The responding cop said he had a tree by his driveway and his fellow officer chimed in that he did as well. The first one asked me what laws I was referring to. I couldn't spit them out off the top of my head, but before I could say that, he added that he thought he knew the laws pretty well and he didn't think there were any that said anything like that. He then told me if the deed to the house says it's a driveway then I was getting a ticket. And I did! Do you think I can legitimately fight it? Is it worth the paperwork or should I just pay the $95?
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