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1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: Do I have a case to get refunded for my Airbnb?

I was trapped in the building in NYC due to a busted lock on the only exit and had to call 911 to pry me out. Airbnb doesn’t want to refund me the cost of the stay. They want me to return to that building. Do I have a case to get refunded?

Elaine Shay
Elaine Shay answered on Oct 8, 2021

Most short-term rentals in NYC such as those offered through Airbnb are not legal. If you are agrieved by how Airbnb is handling your request for reimbursement, you may consider commencing a Small Claims case. However, Airbnb typically includes an arbitration requirement. Therefore, you should... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: In a Multi family building shouldn’t the tenants be informed if other tenants have bedbugs?

Had asked the building Manager about bedbugs that were reported in the building but she said that she cannot disclose any information to the other tenants about the issue but we literally live right next to these people and I feel as if we should have been informed because it can cause an... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2021

While it is certainly understandable that you would be concerned about bedbugs in your building the applicable disclosure laws vary in New York State depending upon where you live. For example, NYC has a disclosure requirement (see:... Read more »

1 Answer | Asked in Employment Law for New York on
Q: fmla expired I am still disabled and cannot return to work & my co. Is not giving me accurate info on next steps for ext

ASKED FOR EXT LEAVE OF ABSENCE AND THEY TOLD ME TO SPEAK TO MY DOCTOR & REQUEST ADA IS THIS ACCURATE

V. Jonas Urba
V. Jonas Urba answered on Oct 8, 2021

You must be able to perform your job duties with or without a reasonable accommodation.

Extending your FMLA leave might be a reasonable accommodation depending on the circumstances. Have you kept your employer informed of a date certain for when you will return? An open-ended date rarely...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Hi, What are the forms (numbers) needed to apply to the courts to confirm a fee arbitration award in New York please?

I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?

David H. Relkin
David H. Relkin answered on Oct 7, 2021

In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: im 16 year old foster child and need to emancipated. what should i do

i have a foster parent and home life is stressfull.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 7, 2021

Speak to your CPS worker about moving to another home. There are many advantages to staying in the system such as help with college.

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: Court of Claims NY, can Claimant not testify in own case to avoid cross-examination?

I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 6, 2021

I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: My car was totaled and I've been waiting over 4 months to get paid out the value of the vehicle. Can I sue?

Someone backed into 3 cars and mine was one of them. It got totaled. Insurance company is claiming they have to wait to sell one of the other cars involved in the accident before they can pay me out. I've been waiting long enough and I need the money now.

Tim Akpinar
Tim Akpinar answered on Oct 5, 2021

You should be able to sue, unless there are facts missing here. Whether you handle the matter yourself or you go through law firms, keep legal fees in mind. When it comes to handling property damage-only cases, law firms may not necessarily handle them on a contingency basis. Good luck

Tim...
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1 Answer | Asked in Traffic Tickets for New York on
Q: I was on the phone with doctor while driving. My phone fell from clip attached to dashboard while talking hands free.

I picked up phone and continued talking, then officer pulled me over and gave me a ticket. If I bring a doctors note will judge still make me pay fine?

Howard E. Knispel
Howard E. Knispel answered on Oct 5, 2021

Yes, you will have to pay a fine but you can see if it can be reduced. A cell phone violation is 5 points on your license.

1 Answer | Asked in Car Accidents for New York on
Q: My daughter's car got backed into at a gas station. Her car was damaged. At fault driver now changing story. Proceed?

No police report was filed (error). Can't access video from the gas station apparently with out police approval, but no report. Insurance company says her word vs, his. Any recourse?

Tim Akpinar
Tim Akpinar answered on Oct 5, 2021

If the matter involved low-level/low-speed property losses only, it could sometimes be difficult to arrange for an attorney to handle on a contingency basis. Depending on the type of policy, the carrier could pursue damages from the other side. Whether you act through the insurance carrier,... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I legally evict a squatter from my jointly held property?

Deed is lists both myself and my ex-daughter in law as joint tenants with rights of survivorship. When she and my son divorced, I agreed to assume the mortgage. For nearly ten years, I have paid the mortgage, taxes, utilities, insurance & maintenance on the property without a dime being... Read more »

Elaine Shay
Elaine Shay answered on Oct 5, 2021

Since you own the property as joint tenants with your ex-daughter-in-law, there is no squatter to evict. Your ex-daughter-in-law has as much right as you to rent or use the property. Instead, what you will need to do is commence a partitition action to force a sale of the property and seek an... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: What can I do if my neighbor keeps threatening us by killing or shooting us? He harasses us all the time.

We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 4, 2021

You can call the police and make a complaint.

1 Answer | Asked in Divorce, Child Support and Domestic Violence for New York on
Q: Where can I find a pro bono attorney to assist me until the divorce settlement is reached and assets are liquidated?

My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 4, 2021

Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Should a public utility bill be prorated to the time of a home's purchase?

Our village water utility billing occurs in April and October (6 month interval). I received a water bill for a house I purchased in early August (2 months ago), but am being billed for the whole 6 months. Will I have to pay the full amount ($172)?

Elaine Shay
Elaine Shay answered on Oct 4, 2021

You will need to speak with your closing attorney to confirm whether you were given an adjustment at closing for the anticipated charges or if money was escrowed.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it legal for a public defender to represent me when he represented my ex in a case in 2011?

I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 1, 2021

There is nothing "illegal" per say in the attorney's representing you. However, based upon the fact that there is no communication between you and the attorney, you can request a new attorney be assigned.

1 Answer | Asked in Landlord - Tenant for New York on
Q: It’s been 6 months since we the water started leaking into one of our rooms but the landlord didnt fix it. stoped paying

I tried everything and I have printed an archive of emails I’ve been sending him with damage pics & videos( forgot to mention that we have a baby 5months)

I withheld rent as of july 1st

What are the chances of winning this case and what would I get out of it if I go forward

Elaine Shay
Elaine Shay answered on Oct 1, 2021

If you are dissatisfied with your landlord's response, you can commence an HP Proceeding in Housing Court to compel the completion of repairs.

2 Answers | Asked in Social Security for New York on
Q: I told SSA under oath on a recorded line that I was my daughter in order to get disability, to which she is entitled.

In order for my daughter to get disability (to which she is entitled), she had to have a phone interview with the SSA. Because of her disability, she was incapable of being subjected to an interview, so I made believe that I was she. As it turned out, I had to take an oath on a recorded line that... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 30, 2021

You need to speak to a criminal attorney that handles federal fraud cases and find out if they can help you fix this. In addition you need to know that part of the interview process is to assess how your daughter functions. So hopefully you can get it straightened out so that the interviewer can... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am 3 months behind in payment. Taxes are not paid. I have worked through pandemic and got stimulus. Can I be evicted?
Elaine Shay
Elaine Shay answered on Sep 30, 2021

Unless you have filed a Hardship Declaration, the landlord is permitted to commence and proceed with an eviction case. For thouse who have filed a Hardship Declaration, the moratorium on evictions has been extended to January 15, 2022. Please be aware that filing a Hardship Declaration does not... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Products Liability for New York on
Q: Why would a claims adjuster deny a claim and then turn around and want to offer payment for pain caused by the incident?

I am the third party in a product liability insurance claim. The claim was denied earlier this month and just yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for "pain" from the injury.

Before the insured sent the complaint over to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 30, 2021

It's difficult to say what the cause for the change in position on the part of the insurance carrier was without seeing the file and all communications. But what you describe is not uncommon. A claim could initially be denied because the examiner has not been presented with sufficient evidence... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My manager changed my schedule while I was on vacation, which resulted in my termination. Is there anything I can do?

A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 29, 2021

While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... Read more »

1 Answer | Asked in Education Law for New York on
Q: can a principal ride a school bus whenever they want
Tim Akpinar
Tim Akpinar answered on Sep 29, 2021

It would depend on the regulations of the school district, school, and bus company. In general, principals do have broad authority to audit or inspect activities that affect the welfare and safety of students. Good luck

Tim Akpinar

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