Bruno Patrick Bianchi’s Answers

Bruno Patrick Bianchi

Jamaica Landlord / Tenant Lawyer.

Contributor Level 18
  1. I have wrongful death case going on my sister and my niece and daughter are on the papers I am admistrator

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Jeffrey Mark Adams
    3. Jeffrey Ira Schwimmer
    4. John Henry Fisher
    5. David Ian Schoen
    6. ···
    10 lawyer answers

    It is unclear from your question whose wrongful death you are suing for? You should pose this question to the attorney handling the case.

    12 lawyers agreed with this answer

  2. Worried about rent on an illegal apartment.

    Answered almost 2 years ago.

    1. Bruno Patrick Bianchi
    2. Peter J Weinman
    3. Olga Someras
    4. Steven Warren Smollens
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    If your apartment is illegal you are not obligated to pay any rent. Your landlord can terminate your tenancy by serving you a thirty day notice of termination and then seek to recover possession of the apartment by starting a proceeding called a summary nonpayment proceeding. Your landlord cannot, however, recover any rent you did not pay. Unfortunately, you cannot recover any rent you have already paid for the illegal apartment.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is there is difference between the term "trial" and "summary proceeding" involving a winnable illegal sublet in NYC?

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Susan Pernick
    3. Steven Warren Smollens
    4. Alan James Brinkmeier
    4 lawyer answers

    A "summary proceeding" is the name for a type of proceeding to recover possession of property. A "trial" is a hearing before a judge or jury where each side gets an opportunity to present all of its evidence. You can have a trial as part of a summary proceeding. Consult your lawyer for further details about your particular case.

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  4. If I am writing an appellate brief pro se, would it be ok to refer to myself as the Appellant and use "I" also?

    Answered 5 months ago.

    1. Bruno Patrick Bianchi
    2. Rixon Charles Rafter III
    3. Peter Christopher Lomtevas
    3 lawyer answers

    The brief will read better if you refer to yourself in the third person -- i.e. Appellant. This is the way legal briefs are normally written. Please keep in mind that you are limited to commenting only on information contained in the trial record. You should not state information that is not contained in the record. If you do a Google search you can find many resources on writing briefs online. Good luck.

    8 lawyers agreed with this answer

  5. Who is responsible for slip and fall insurance, the present or past owner of a building?

    Answered 9 months ago.

    1. Andrew Lawrence Weitz
    2. Bruno Patrick Bianchi
    3. Alan James Brinkmeier
    4. Glenn Johnston
    5. Edward A. Ruffo
    5 lawyer answers

    You should sue both owners. At the very least, you should also sue the registered managing agent and management company. You should consult a personal injury lawyer, who would investigate all possible responsible parties.

    8 lawyers agreed with this answer

  6. Who makes decision? Motion was heard in court hearing. Judge didn't make decision. Will judge's clerk or judge make decision?

    Answered almost 2 years ago.

    1. Bruno Patrick Bianchi
    2. Peter McGrath
    3. David Ivan Bliven
    4. Eric Edward Rothstein
    4 lawyer answers

    Judges are responsive for all of their own decisions. Most judges have assistants, known as a "Clerk" in federal court and "Court Attorney" or "Law Secretary" in New York State courts. These assistants are attorneys. They often assist judges by drafting opinions for them.

    8 lawyers agreed with this answer

  7. I prose (defendant) sent interrogatories and depositions 2 attorneys (plaintiff and defendant) which were never returned to me.

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Eric Edward Rothstein
    3. Jonathan R. Miller
    4. Terry David Horner
    4 lawyer answers

    You should bring the lawyers' failure to comply with your interrogatories to the judge's attention on your hearing date. Unfortunately, you don't have enough time to make a motion to compel them to answer.

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  8. Am I obligated to pay the remaining rent in my sublease agreement?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Bruno Patrick Bianchi
    3. Alan James Brinkmeier
    4. Cheryl Rivera Smith
    4 lawyer answers

    You are bound by the terms of your "sublease." You mention , jhowever, that the subkessor" is smoking in the apartment. If the "sublessor" is living with you and she is the tenent, you are a roommate, not a subtenant. If you believe you have a right to submit a replacement "subtenant" pursuant to your agreement and your "sublessor" has unreasonably denied your request, you may have a remedy. That remedy may or may not be allowing you to break your agreement. An attorney would have to...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I would like to appeal a housing court judgment. How many days do I have to pay the amount owed and to file the appeal?

    Answered 4 months ago.

    1. Bruno Patrick Bianchi
    2. Glenn Johnston
    2 lawyer answers

    If you appeal a judgment of the Housing Court after the Court has ruled that you must pay money to your landlord you must take the following steps: Prepare and serve a notice of appeal on your landlord's attorney. You can obtain a form for a notice of appeal at the Help Center in Housing Court.You must serve and file your notice of appeal within 30 days after the landlord's attorney has served you with a copy of the Housing Court decision. File the notice of appeal with the Housing Court...

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  10. Hello, I'm a landlord in NYC (none stabilized).. I have a tenant who didn't pay rent for 2 months..how can I get her out?

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Peter J Weinman
    3. Eric Edward Rothstein
    4. Glenn Johnston
    4 lawyer answers

    If the tenant is still within the term of her 12 month lease you need to serve her a rent demand and then start a summary nonpayment proceeding if she does not pay you. If the lease has expired you can terminate her tenancy and then bring a summary holdover proceeding. You can find more information here: https://www.nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf

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