Steven Warren Smollens’s Answers

Steven Warren Smollens

New York Landlord / Tenant Lawyer.

Contributor Level 20
  1. Does "under oath" for verified complaint requires a notary?

    Answered almost 2 years ago.

    1. Mary Katherine Brown
    2. Jayson Lutzky
    3. David Alexander Browde
    4. Steven Warren Smollens
    4 lawyer answers

    Dear do I need a notary? A verification is a form of affidavit. An affidavit is executed in the presence of a notary.

    17 lawyers agreed with this answer

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  2. If a petition is written wrong can the case be heard in nys?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. David Alexander Browde
    3. Craig A. Post
    4. Richard Edmund Hawkins
    4 lawyer answers

    Dear if the petition is wrong? If you mean a petition in a summary proceeding, some errors may not be subject to amendment or correction, if the errors compromise the jurisdiction of the court to do anything with the case other than to dismiss for lack of jurisdiction or failure to state or make out a cause of action.

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  3. I co-own a house w/my brother, sister & nephew can I legally get them to buy out my share of the home. They're refusing to sell.

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Vincent J. Gallo
    3. Yefim Rubinov
    4. Peter J Weinman
    5. Shawn B Alexander
    5 lawyer answers

    Dear Staten Island Part Home Owner: In New York the lawsuit is known as partition. You will need an attorney. When you have an attorney on your side, ready to force a sale of the house, it is likely that the brother and nephew living in the house will instead realize that they must buy out your interest. If the house is owned free and clear, there are still other expense events, incurred in home ownership and if you have not shared in those expenses, the value of your contribution may...

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  4. WHo is responsible for smoke alarms and carbon monoxide detectors in a single family home?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Eric Edward Rothstein
    3. Peter Christopher Lomtevas
    4. Jayson Lutzky
    4 lawyer answers

    Dear Baldwin tenant: The landlord is required to provide a house with working CO detectors and smoke alarms. http://codes.lp.findlaw.com/nycode/EXC/18/378 http://readme.readmedia.com/Governor-Paterson-Announces-Amandas-Law-to-Go-into-Effect-Today/1172523 http://www.health.ny.gov/environmental/emergency/weather/docs/co_amandas_law.pdf http://www.erie.gov/newstead/pdfs/SMOKE%20CO2%20ALARM%20REQUIREMENTS.pdf The fact that your home is without either may indicate further...

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  5. Can a process server enter my apartment building in NYC if I didn't "buzz" him in?

    Answered about 1 year ago.

    1. Mary Katherine Brown
    2. Steven Warren Smollens
    3. Jeffrey Ira Schwimmer
    4. David Alexander Browde
    5. Daniel Simon Hahn Szalkiewicz
    6. ···
    7 lawyer answers

    Dear New York Tenant: In NYC in a restricted access building the landlord's attorney and process server coordinate so that the process server does not make futile efforts to gain entry to the building. So the landlord likely provided entry for the process server. If the papers were handed to you the service is described as personal service. If the papers were found on your apartment door or slipped beneath the door and we're followed by regular and certified mail, that form of service is...

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  6. Can a commercial landlord charge for air conditioner maintenance?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Andrew Endicott Schrafel
    3. Celia R Reed
    3 lawyer answers

    Dear Brooklyn NFP commercial tenant: New York does not have a statutory bill of rights for commercial tenants. There is no warranty of habitability for commercial tenants. New York allows commercial landlord and tenants to negotiate their own contracts. When a landlord breaches a specific obligation to perform, the tenant has few options, all may involve a lawsuit, or ending the lease, and likely paying to fix the AC will be less expensive and disruptive. Your expired written lease...

    12 lawyers agreed with this answer

  7. Sublet NYC legal advice

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Peter J Weinman
    3. Jayson Lutzky
    3 lawyer answers

    Dear NYC Subtenant: You paid for July 2013, and there are few legal procedures available to the tenant to get you into a court case before the end of the sublease. But the larger and more looming issue is the Bed Bug, because there cannot be just one of the kind, unless the tenant is correct that the insect traveled into the apartment with you. A full blown infestation would not manifest just on your arrival at the apartment. So if the apartment had one insect, and no more are detected (...

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  8. Do I have a case to litigate and pursue a co-op seller to return the escrow deposit?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Mitchell Aaron Nathanson
    3. Eric Edward Rothstein
    4. Jayson Lutzky
    5. Michael David Siegel
    6. ···
    7 lawyer answers

    Dear would I be able to demonstrate? Your transaction attorney should explore all available options to resolve the contract dispute. If not resolvable by a negotiation, your final option is sue for the recovery of the contract deposit. The attorney for the seller holding the deposit is considered an escrowee. If the seller declared you in default for the bank's failure to fund, his responsibility is to notify you that his client, the seller, has declared a default and requested the...

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  9. What to do if siblings have deed in both names and the residing sibling refuses access to the other to obtain estate assets?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Jack Richard Lebowitz
    3. Peter J Weinman
    3 lawyer answers

    Dear Bayshore Home Owner: You have now asked this question three times. The answers will not change. You are experiencing this strange court experience because you have not engaged an attorney to plead your claim for access to the house. The house is in the exclusive possession of your sibling, who resides in the house. Even though you are a co-owner, he has not allowed you to enter the house. You describe his potential for violent behavior in a comment you placed to my answer three days...

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  10. Is an illegal sublet agreement enforceable in court?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Ilya Novofastovsky
    3. Sean Thomas Wright
    4. Celia R Reed
    5. Effimia Soter
    6. ···
    6 lawyer answers

    Dear New York Subtenant: And what makes your sublease illegal? A court determination? If you and the tenant have a written agreement that conveyed to you the exclusive possession of the tenant's leased premises, for a defined and specific term, for an agreed rent, and you took possession of the apartment and paid the rent, then as between you and the tenant you have a lease. If on the other hand, the tenant also lives in the apartment, then you do not have a sublease. You may be a...

    11 lawyers agreed with this answer