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Gaetano Parrinello

Gaetano Parrinello’s Answers

275 total


  • If the wrong party sued and the proper party seeks to substitute itself after the 6 year SOL expired, are they allowed to?

    A lender filed a lawsuit against me over 6 years ago. Now a new party is asking to substitute itself as the proper Plaintiff, saying they have been the proper Plaintiff from the beginning. They have the evidence and both the old and new party conc...

    Gaetano’s Answer

    I agree with my colleagues. The court would most likely have to consider whether or not the defendant, you, had notice of the claims against you by the proper party so that the claims relate back to the initial filing of the claim. Be sure you oppose the substitution. Sounds like your strongest argument would be the fact that you had no notice of the correct party and would be significantly prejudiced by the substitution. That argument follows exactly what you said above: the case would have been dismissed had the first plaintiff disclosed to you their mistake, and the new party would be barred from suing by the 6 year statute. I am certain the case has more idiosyncrasies that have not been discussed in the brief question above. You can argue about those as well given your full knowledge of the case. I wish you the best in defending the matter.

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  • Was this an illegal search?

    I got pulled over for e pored registration. The cop had a prior incident with me about a month before. He asked me to step out of the car (after asking what was in all of my plastic bags in the back seat, which had toys on it). He then asked to s...

    Gaetano’s Answer

    You want to know if the search described above was violative of the 4th Amendment right (via 13th Amendment) right to be free from unreasonable searches and seizures. The officer had probable cause to stop you (expired registration), so the initial seizure seems ok. What happened after that? What kind of "toys" were in the plastic bags. An officer may search the interior of a car during a traffic stop for several reasons. Say, for example, there was a water gun in the plastic bag, or a cordless drill or other pistol shaped object. If the officer could articulate that he believed the object was a weapon he or she would have the right to search the bag without your permission (that's called the "automobile exception," and the "plain view" exception. Once inside looking in the bag, even if there was no weapon inside, the officer may smell something that, through training and experience, he or she knows to be the smell of marijuana. The officer can then search other places within the car seeking the source of the smell. If the smell is of something that can be hidden in a small compartment, the officer may look inside just about any compartment in the car without violating any of your rights. This is sometimes referred to as the "plain smell" exception. There are many other reasons an officer may search your car without violating your rights. Even so, you should get yourself a criminal attorney to defend you. His or her expertise will be required to argue the search or seizure was unlawful.

    Good luck.

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  • Need SSI laywer for appeal.

    In wheelchair in a asstied living home was in nursing home under3 drs care. .Cronic heart problems .Was deined SSI need advice on appeal. Pro Bono is needed.

    Gaetano’s Answer

    My colleagues are correct. Representation before Social Security is generally contingent. In other words, the attorney gets paid only if you are awarded arrears benefits. The standard fee agreement is 25% of the arrears with a cap of $6000.00 which is set by federal law. Follow the advice of my colleagues and contact a local social security attorney - you have a short time to appeal, so do it right away!

    Good luck.

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  • Can a 3 1/2 years Autistic boy receive SSDI?

    My 3 1/2 years old grandson was diagnosed with Autism in Sep. 2012. Parents has to pay for ABA therapy and specific diet due to multiple allergies. Living expenses are approx. $ 2,000.00/Mo. Mother is not earning any money right now, is pregnant...

    Gaetano’s Answer

    • Selected as best answer

    Unfortunately, my colleague is correct. While your grandchild may qualify for Social Security Disability (SSDI) using his parents' work quarters if he meets certain criteria once he reaches the age of maturity, he will not qualify now. Supplemental Security Income (SSI), on the other hand, is based upon economic need, and takes into account the assets and income of the family. I would suggest you contact the state regarding benefits that may be available to your grandson at that level of government. One such agency that may be a good resource is the New York State Office for People with Developmental Disabilities. Their website is http://www.opwdd.ny.gov/.

    Good luck with your difficult situation.

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  • Social security has 2 date of births on file. One states that I was born 1950 and one that states i was born 1948.

    I need to apply for Medicare and they need to see my birth certificate. I came to the USA from the suburbs of China when I was 10 and have since lost my birth certificate. How do I go about obtaining proof strong enough to show Social Security?

    Gaetano’s Answer

    I agree with my colleague above. If you speak with Social Security, you might be able to find out what documentation they relied upon to obtain the two different dates of birth, then address the problem with the several solutions suggested by my colleague.

    Good luck!

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  • If I have an exclusive agent am I precluded from selling direct?

    I have an agency agreement in place to sell my product in a particular territory. It includes statements like: "The Company desires to engage the Agent as the Company’s exclusive Agent to license software in the Territory" and la...

    Gaetano’s Answer

    It is really not possible to give a definitive answer to your question without reviewing the entire contract because the statements must be read in context. Generally, exclusive agency means the Company may not engage another agent to do what the exclusive agent does in the market in which the agent has exclusivity. Whether or not you may engage your own agents (read: employees) to sell the product in your exclusive territory is usually addressed elsewhere in the contract. Whether or not you may sell direct seems to depend upon the limits of your license and your territory.

    I realize this answer is very general, but without reading the entire agreement, it's the best information I can provide.

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  • Can I get ssi at age 66.i am getting early social security payments from age 62 I have had several brain tumor operations.

    The last operation in jan 2013

    Gaetano’s Answer

    SSI is a need based benefit, and the need is financially based. In order to qualify, you need to have less than a certain amount of income each month. Contact the local Social Security office to see whether or not you qualify.

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  • Can I sue a restaurant if they served me a dish with an ingredient I'm allergic to after I told them about it?

    I ordered a dish that was listed without tree nuts, and made it clear to the waiter that I couldn't have nuts and was allergic, but the waiter entered the dish incorrectly and I was served a dish with pistachios without my knowing. After taking a...

    Gaetano’s Answer

    You likely have grounds for a lawsuit, but the pain and suffering claim will depend heavily on the extent of your injuries. If you have fully recovered, your damages will not be very significant. That is not to say there is no claim, so contact a local PI attorney for a free consult and go from there.

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  • What happens after the magistrate judge R&R which denied defendants motion and the district judge adopts the decision? Trial?

    This is a debt collection case.

    Gaetano’s Answer

    It depends upon what kind of motion it is. If you post that information, you will likely get a better answer. In general terms, if a motion is denied, the case proceeds to the next step.

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