Steven O. Zalkin's Answers

What are my rights to dispute judgment since I didn't receive notice of the court date

In order to get the judgment, they would have had to produce an affidavit from a process server attesting that he served you. If you want to challenge it at this point, you would have to proceed by order to show cause asking that the judgment be vacated for non-service and requesting a hearing on whether or not service was actually valid.

2 people marked this answer as helpful

I am a shareholder in co-op building, dealing with a lot of aggravated noise from upstairs shareholders teenage daughter,she has

Consider a lawsuit against your Coop Corp for failure to take action to remedy the situation. You should keep a log of these incidents for at least a month noting the dates/times when this occurs. Your claim against the Coop is for breach of the implied warranty of habitability based on the noise level and its regularity. You would seek an abatement of your maintenance charges which should get the Coop to take action in the future. This response does not create an attorney-client...

If parties in real estate agree to a verbal offer but seller goes with another buyer and ther are no signed contract can seller

In New York, the buyer does not have a remedy since there is no written agreement signed by the seller nor writings of any kind reflecting the material terms of an agreement. This response does not create an attorney client relationship of any kind nor does it constitute a formal legal opinion.

Can a debt collector put a levy on a business account that is incorporated if the debt is a personl one

If the business account is a corporate account and the claim is solely personal, the creditor can pursue a claim to judgment against the individual. If the creditor ultimately is successful in getting a judgment against the individual, it is only then that the creditor can pursue enforcement of that judgment against the individual's assets which would include his interest in the corporation (i.e, his stock in the corporation and, if the corporation is solely owned by the individual,...

My 18 year old just moved back in with her mother. Can I make direct payments to my daughters checking account from my pay?

While your desire to have support payments go directly to your child is pretty common among many non-custodial fathers, the law in New York is otherwise. This response is intended as general information only, and not as legal advice, nor is it intended to create an attorney client relationship of any kind.

New York divorce law, procedure for filing separation agreement

You do not need to file your separation agreement with the Court to start the one year time period running. The one year time period begins from the date the separation is executed by the parties.

If I have a contract with a company, who then sells out to another company, is my contract still enforceable?

Assuming the assets of the company were sold (rather than the stock), it would depend on the language of your contracts regarding the right to assign the contracts to another company. You should review the assignment clauses of each contract or have an attorney review these provisions. This response is intended as general information only, and not legal advice, nor does it create an attorney client relationship of any kind.

If someone gets injured on vacant land that I own in PA can i be sued

If Penn law is similar to other states in the northeast, you have a duty to maintain the property whether or not you have a house or other structure on it. I suggest that you get an insurance policy to protect yourself.

Employment contract: moving expenses reimbursement

I would view your voluntarily terminating your employment and termination by your employer differently. The quoted language implies a voluntary decision by you; if they wanted to cover a termination by the employer the language should have been crafted more broadly to include an employer termination ("If you leave, or are terminated by the company for any reason or no reason, .... you shall reimburse"). In addition, the purpose of the provision is to encourage you to stay for 2 years...

Engagement ring - small claims for property

Since you are already in Small Claims Court, I suggest that you appear on the return date and formally sign a stipulation in Court to the effect that the ring is being returned, and that the case is discontinued with prejudice by your ex fiance (they should have a form of stipulation available in the Court) That will avoid potential problems and end the case.