Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 20
  1. What's the difference between dismissing with prejudice and without prejudice in personal injury?

    Answered 3 months ago.

    1. Dana Whitney Atchley
    2. Ara Saroian
    3. Wendy Marie Schenk
    4. Christian K. Lassen II
    5. Zaheer A Shah
    6. ···
    7 lawyer answers

    Dismissing with prejudice means that you cannot bring the same claims against the same defendants a second time. It will frequently have collateral effect in other courts even if you hadn't ever sued the defendants in that other court. Dismissing without prejudice means that there was some defect in the case that you brought, but that the court is giving you permission to refile the lawsuit if you so choose. As to why a court might grant one over the other, that is hard to say because...

    10 lawyers agreed with this answer

  2. Divorce and car loans

    Answered about 2 months ago.

    1. Dana Whitney Atchley
    2. David Alexander Browde
    3. Peter Christopher Lomtevas
    4. David Zaslavsky
    5. Steven David Schwartzman
    6. ···
    6 lawyer answers

    There isn't any way to say in a vacuum and without having reviewed all of the facts. As a theoretical matter, yes, it is possible that she might get that, but there is no way to tell whether or not that is what a judge would order.

    8 lawyers agreed with this answer

  3. Do i have to pay tax from the money i've withdrew as salary from my own c corporation?

    Answered 2 months ago.

    1. Dana Whitney Atchley
    2. Charles John Zimmerer
    3. Katherine Rebecca Dodson
    3 lawyer answers

    Yes you do. The corporation gets a deduction for the salary it pays you. I would suggest that you consult with an accountant or CPA who can make sure you've filed the correct returns and completely them properly. I would also suggest that you discuss your corporate structure with a CPA, or a business/tax attorney because there are few instances where a c-corporation is better than an s-corporation or LLC where a small business is concerned.

    8 lawyers agreed with this answer

  4. Can I get arrested for using the bathroom?

    Answered 4 months ago.

    1. Dana Whitney Atchley
    2. Eric Edward Rothstein
    3. John M. Cromwell
    3 lawyer answers

    Because the inside of a urinal is not a "public place" and because the only point and purpose of a public restroom is for people to relieve themselves, which necessarily requires that they unzip. New York courts apply the statute based on the underlying purpose of the statute, which is, generally speaking, intended to protect the public at large from being forced to view another person's genitalia (basically). The Court of Appeals in 1991 put it this way when applying 245.00, which covers...

    8 lawyers agreed with this answer

  5. Am I legally obligated to give the clients a large refund because they did not like the decor for their wedding?

    Answered about 2 months ago.

    1. Dana Whitney Atchley
    2. John Arnold Steakley
    3. Ryan Marshall Yoke
    3 lawyer answers

    It's unclear whether a written contract was ever involved or not. To me it sounds as if you offered the clients a written contract but they never actually signed the document. In that case, you don't have a written contract with them (as you know); instead you have an oral contract with them. However, if a written document was involved, even if it wasn't signed, and if both sides performed reasonably as was contemplated under that written document, then the document might be useful as...

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  6. Is it possible for a landlord to start a holdover eviction proceeding against a tenant while there is a bankruptcy pending?

    Answered about 2 months ago.

    1. Dana Whitney Atchley
    2. Barbie Dawn Lieber
    3. Bryan Lane Berson
    4. Michael Hal Schwartz
    4 lawyer answers

    You should have a good argument that the automatic stay applies to a holdover proceeding in the circumstances you describe. As I understand the matter, you had a valid lease on the date you filed your bankruptcy petition. At that moment, your interests in the lease and thus in the apartment became property of the estate and, because the lease was valid and your possession lawful, the estate's possession of the apartment was lawful and constituted an asset of the estate (this should be so...

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  7. I am using a general practice attorney referred by a Douglas Elliman broker to purchase a house.

    Answered 22 days ago.

    1. Dana Whitney Atchley
    2. Stephen Richard Markman
    3. Mitchell Jan Birzon
    3 lawyer answers

    The fact that a lawyer is identified as a general practice attorney as opposed to having a focus on some particular area (like real estate) does not mean that the g.p. attorney will be any less capable than the r.e. attorney in your normal garden variety real estate transaction. That being said, if this is an out-of-the-ordinary, or an exotic, real estate transaction, then a r.e. attorney who has handled similar transactions before would be preferable. Also, if this broker wasn't working for...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What are my rights if my significant other is ill or dies if we are not married?

    Answered 2 months ago.

    1. Dana Whitney Atchley
    2. V. Jonas Urba
    3. Natalie Taly Elisha
    3 lawyer answers

    Other than the rights you have received via the various legal agreements between the two of you: not much. In circumstances such as yours, you can replicate more or less the same rights you would have were you married, through careful planning, including lifetime planning (e.g., durable powers of attorney if either one is unable to take care of her/his affairs) as well as estate planning (e.g., making sure that each of you receives from the other's estate what you would have received had...

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  9. Important Question

    Answered about 2 months ago.

    1. Dana Whitney Atchley
    2. Bruce Givner
    3. Charles John Zimmerer
    4. Steven M Zelinger
    4 lawyer answers

    You can't claim head of household unless you have a qualifying dependent as well. In other words, a single person who lives by themselves and pays all their bills does not qualify as "head of household" for tax filing purposes. Is your friend interested in knowing the theoretical worst, or just the most likely, outcome? The most likely outcome is that the IRS changes her filing status and assesses additional tax because of the change, along with penalties and interest, and your friend then...

    9 lawyers agreed with this answer

  10. Can I operate more than one business under my LLC?

    Answered about 2 months ago.

    1. Max Benkel
    2. Dana Whitney Atchley
    3. Charlotte Angie Erdmann
    4. Julia Helen Sullivan
    5. Ronald J Cappuccio
    5 lawyer answers

    Generally speaking, yes, you can operate multiple businesses with the same LLC. The real issue is not whether you can, but whether it's wise to do so. If there are substantial risks from one business, then it might be wiser to put that business into a separate entity to protect the income and assets of the first business from those risks. I would recommend you speak with a business advisor to make sure you've got everything set up well.

    9 lawyers agreed with this answer