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1 Answer | Asked in Health Care Law for New York on
Q: What kind of lawyer and where in NY I need for a stent surgery I never sign or it was not explain to me and lie to me

This doctor is a fraud he lie on my records he did a stent surgery nothing was explained to me and never explain the risk now he's trying to cover it up

Tim Akpinar
Tim Akpinar answered on Mar 22, 2022

You could reach out to med mal attorneys. Good luck

3 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 Bankruptcy. Is it legal to contact other named creditors in advance of the meeting of creditors?

I'm a named unsecured creditor for a debtor (a general contractor / builder) and I suspect that there may be a pattern of fraud on the part of the debtor.

I'd like to contact other creditors to see if there is a pattern of fraud. I understand that there if there is, that would... Read more »

Stuart Nachbar
Stuart Nachbar answered on Mar 21, 2022

Yes, it is acceptable for creditors to speak with each other.

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1 Answer | Asked in Real Estate Law for New York on
Q: how much does it cost to do add a person to deed and put in stipulations
Elaine Shay
Elaine Shay answered on Mar 21, 2022

The fee lawyers charge to prepare deeds vary between firms. In addition, in order to record a deed, transfer tax documents also need to be completed and filed. The amount of any transfer tax depends on the amount paid and where the property is located. The same is true for the filing fees.

1 Answer | Asked in Immigration Law for New York on
Q: Is there a law in NJ, that mentions after 5 years USCIS can not go after you for fraud? Is this law also in NY?

A family member applied for citizenship around 2019, and passed all interviews. At the time we did not know UCIS scheduled a 2nd interview as we thought it was the citizenship ceremony due to him passing the interviews. Turns out it was not and they went to an interview without lawyer or anything... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 20, 2022

There is no such law, nor would that make any sense.

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: I the son am beneficiary in my moms will.she had a joint bank account of 17ooo.who gets the money.

My sister-in- law is the executor of the will and also on the joint bank account

Richard William Cutler
Richard William Cutler answered on Mar 20, 2022

In New York, the names on the bank account trump the will, or more accurately, the bank account passes outside the will. That your sister is executor of your mother's estate is irrelevant. If she is the only one on the bank account, she gets the account. If she is a co-beneficiary on the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Is an I-129 petition denial the same thing as a visa denial?

If I fill out a DS160 form to apply for a visa at a US consulate do I select yes for visa denial if I had a USCIS petition denial?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Mar 18, 2022

Yes that is a denial. When you go to your interview tou can tell them it was related to a job or fiance visa or whatever.

1 Answer | Asked in Collections for New York on
Q: need an attorney to file an Affidavit of Confession of Judgment on my behalf at the Supreme Court Queens County, NY
David H. Relkin
David H. Relkin answered on Mar 18, 2022

This is a relatively simple process though its use has been restricted in certain transactions. Any attorney with my credentials could handle this matter for you.

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Small Claims for New York on
Q: Business took $23K from me and only sent $7k worth of product in 2020. How can I get the money back? Court, Arbitration

I have reached out to him several times via text, email and phone call. He does not want to refund the money. He is supposedly located in Kansas or Las Vegas.

Tim Akpinar
Tim Akpinar answered on Mar 17, 2022

It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... Read more »

Elaine Shay
Elaine Shay answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenant lawyer discontinued my Case without my consent though we have all the proofs to win the case, what to do now?

He advised me to move out of the damaged apartment my landlord refused to fix, then upon moving out he discontinued my case cuz I can’t sue the landlord as a non-tenant

Walter Sage Jennings
Walter Sage Jennings answered on Mar 15, 2022

I answeredyour question on Avvo. just now. please refer to it.

1 Answer | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Howard E. Knispel
Howard E. Knispel answered on Mar 15, 2022

While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.

3 Answers | Asked in Personal Injury for New York on
Q: How is the settlement in a personal injury case calculated? Should my lawyer review this information with me?

I am wondering what I should expect to be included in a settlement offer, and how a settlement amount is typically calculated. Also, should I expect my lawyer to discuss the details of my case expenses and damages with me before negotiations begin. Lastly, should my lawyer help advise me on how... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 14, 2022

The settlement is based on pain and suffering, permanence of injuries/disabilities, severity of injuries, impact on life, lost wages, medical expenses, and other factors. On complex cases involving very serious injuries, there can be future expenses, as you mention. On minor soft-tissue injuries... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Other lawyer did not show up for the date and the judge dismissed, then they cancelled and it was still on a later date

I had a housing court date that I showed up for. The opposing lawyer did not show up for the date and the judge dismissed. They called days later and said the clerk messed the date up the date on the answer sheet and the case is not dismissed anymore. Is this allowed? And is there something I... Read more »

Elaine Shay
Elaine Shay answered on Mar 14, 2022

Sometimes even court clerk's make mistakes. Even if the case had been dismissed on default, it would not be on the merits and the landlord would only need to make a motion to restore the case to the calendar.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can leasing office tell you when a tenant is moving out?
Elaine Shay
Elaine Shay answered on Mar 14, 2022

A leasing office may disclose when it expects to have a vacant apartment available.

1 Answer | Asked in Real Estate Law for New York on
Q: I am receiving letters from PR for my mom(deceased) but I do not read or speak spanish. I has to do with land. Help

My mom owns land in PR with a few others. I cannot get anyone to call me back in English or have the letters translated. Any suggestions?

Elaine Shay
Elaine Shay answered on Mar 14, 2022

If you don't have a friend or relative that is fluent in Spanish to translate for you, there are numerous translations services available for reasonable fees. Simply run a Google search to secure a translation.

1 Answer | Asked in Elder Law and Probate for New York on
Q: Need a Notary Public to witness signing my will
Elaine Shay
Elaine Shay answered on Mar 14, 2022

In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.

1 Answer | Asked in Real Estate Law for New York on
Q: I am an administrator of a rental property after my partner passed away (previous owner). What rights do I have?

I am the partner of the previous owner of the building, who passed away. I am now administrator. I am considering a rent adjustment, transferring responsibility of utilities to the tenants, etc. What rights do I have to make changes? Am I the highest ranking person in charge of the building? I am... Read more »

Elaine Shay
Elaine Shay answered on Mar 14, 2022

Your status with respect to the property depends on a number of factors. For example, do mean business or romantic "partner" and has Surrogate's Court appointed you as the Administrator? These and other factors determine the scope of your rights and responsibilities with respect to the property.

1 Answer | Asked in Uncategorized for New York on
Q: Is it illegal for personal trainers to not be paid if they have no clients and spend hours in the gym each week?

I am a certified personal trainer and got hired at a gym. I get $15 a day for 4+ hour days that I go in for. Once I have clients I’ll make commission based on how many clients I have, but I’ve been there for weeks and don’t have clients yet. I’ve been there for 40+ hours total and am going... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 14, 2022

I'm sorry your question remains open for three weeks. You could repost under Employment Law. There's no guarantee every post here gets picked up, but you might have better chances under that category. Good luck

1 Answer | Asked in Divorce and Immigration Law for New York on
Q: I would like to know if I can get assistance to divorce or null my marriage?

I married a woman in November/2021 we never lived together and We are not in communication. I need help because of this situation I don’t even know how to file my income tax/2021

Please advice

Thank s Ana Fernandes

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 14, 2022

The asker should retain an accountant to do her taxes and should retain counsel to prosecute her divorce. All of the legal nuances written into New York's divorce law require professional assistance. There is no way to self-prosecute without making huge, life-impacting errors.

1 Answer | Asked in Probate for New York on
Q: What if a living will was signed and witnessed and notorized but not completely filled out, mussing some important info.

Two people are named, 1 to recieve 50%, the 2nd 30%, but the other 20 is not mentioned in the will. The 1st 2 people however are fully aware of what the wishes were for the remaining amount, due to many verbal conversations prior to death,and in agreement of it. It just is not there. The 1st person... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 13, 2022

Your question appears to be about a Will. A living will something different. However, usually if percentages fall short of the full amount, any mention of the residuary means whatever is left. See if the Will mentions “residuary” or “residual”.

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