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Peter J Weinman
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Peter Weinman’s Answers

2,460 total


  • What can I do to continue the current lease? can they evict me?

    HI.. I have rented out an apartment in a Coop and have a lease that is valid till November 2016. (I moved in last november). I got a call from the landlord today saying that the management wants me to vacate the building immediately as the managem...

    Peter’s Answer

    You've already received the correct answer from Mr. Smollens, but I wonder about something you said in the question. "They" brought a new rule that says the apts cannot be subleased to new tenants... did that become a rule AFTER you were already leasing? Did you have an interview with the Board? Some boards (where subleasing is allowed) require they approve sub-tenants. If you were so approved, they cannot simply terminate your sublease because the rule has changed in the interim - their only option would be to wait out the lease.

    Good luck.

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  • Can the seller now back out even though we have a signed contract of sale we both signed? Can I force the seller to sell?

    i am buying a house. Few weeks ago both myself and the seller signed the contract. Closing is supposed to be soon. Got call tonight from my realtor that the seller now does not want to sell the house, I really want this house, and am upset.

    Peter’s Answer

    The attorney representing you should be able to advise whether your agreement prohibits an action for "specific performance" (forcing the seller to sell) as one of your remedies. If you did not have an attorney representing you at the time you entered into this agreement, you definitely need to retain one now.

    Good luck!

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  • Does a tenant's make shift bathroom pose a health risk to other tenants on the property? He hooked up a potty to kitchen drain!!

    There is a tenant in a basement room that used to be a kitchen. There is no bathroom downstairs, so he hooked up a potty to an old sink drain and he says he only does # one in it. Does this pose a health threat to all of the other tenants on th...

    Peter’s Answer

    Mr. Smollens, a licensed NYS attorney, gave you the answer; ignore all others. Of course, it's illegal, so if you're concerned then call 311.

    Whether any contamination is a myth or not (as speculated by antoher attorney), is irrelevant as far as I aqm concerned. It's disgustijng and unsanitary to be peeing into anything other than a toilet. I thought the standards of hygiene were universal, but maybe outside New York they're different.

    :)

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  • Please help

    I signed my divorce papers Sept 15 2015 how long in the state of New York does it take to completely final I called clerk of courts they had nothing told me to call back emailed my attorney he never answered me I'm getting re married in July and...

    Peter’s Answer

    It depends on a lot of things, such as how many other cases are on the judge's desk before yours and whether there are any mistakes that need to be corrected or things missing that need to be provided by your attorney - or your soon-to-be ex's attorney.

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  • What are my rights in the situation with leasing, when I paid 17000$ directly to a vendor/manufacturer? What are my options?

    Hi, I own a mobile ultrasound company. When I started the company, I had to get an equipment, it's a mobile ultrasound machine. I got it through a vendor. I wanted to lease the equipment, but a leasing company would not completely cover t...

    Peter’s Answer

    Your options will be found in your agreement - which probably is based on WA law... but without seeing the agreement, even that is debatable. You should sit with an attorney who can review the agreement and help you figure out your obligations and rights - and potential liability. Good luck.

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  • Can I sue my school for not finding seats in my class room and paying for a parking decal and not finding parking?

    I go to college and I pay for my parking everyday issue I get late to my classes because of this problem and some times I don't find a chair to sit on in the class some times. I have attended this school for six years now and I had some classes my...

    Peter’s Answer

    I agree with the others that arriving earlier might resolve the issue, but I also think that if your school is selling more parking decals than existing spaces, you might be entitled to a refund on the cost of the parking decal. If there are not enough seats in the classroom - that's another issue that surprises me.

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  • Do I have a reasonable argument to dismiss either ticket ?

    Driving from Brooklyn over the Verrazano into Staten Island I was ticketed at 0136 at the toll booth for invalid Ez pass (forgotten balance) my fault. At 0141 I was pulled over close to exit 11 on the staten island expressway for allegedly doing 7...

    Peter’s Answer

    Your theory on the time is flawed since a vehicle could travel from zero to 71 (or more) in about 3 or 4 seconds and then back to a lower speed and you'd end up with the same average. As the others have said, SI has the highest conviction rate in the city, so you definitely need to retain counsel if you want to have even a chance. There's an attorney on Staten Island named James Birch who does nothing else - if I were you I would call him.

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  • Can ACS use a recording against me that was obtained illegally??

    My neighbor recorded an argument between my significant other and I while standing by an open window. She then reported it to ACS because my two kids were home at the time. Yet they were sleep. Now ACS is saying that they believe it to be a domest...

    Peter’s Answer

    You're correct, but it could theoretically be used to support other evidence or to rebut other statements. You really need to sit in a private setting with an attorney well-versed in this area -- sooner than later. Good luck!

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  • How to deal with defendant vacating judgement in small claims?

    Hello. I won a default judgment against a laundromat that lost a bag of my clothes. They did not show up to the first court date. Now they are vacating the judgement. What should I be prepared for? It will just be another hearing? Or can I ask tha...

    Peter’s Answer

    The small claims court is very liberal and will allow a default to be vacated for basically any reason - in the interest of justice. There may be a strong argument that the case belonged in Manhattan, but by simply blowing-off the Richmond County case (as opposed to answering and moving to have it relocated), he's not going to look good in the eyes of the court. Your case will be restored to the SI calendar and then he may try to have it moved. Be prepared to do it again - and maybe in Manhattan.

    Note, very often, in these dry-cleaning / laundromat cases, you will be limited to a small amount, such as the amount you paid for the laundering, as opposed to the value of your clothes. There are usually signs in the establishment that say that and it's almost always written on the receipt. Good luck!

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  • I got a marshal court order for a credit card judgement that they will be garnishing my pay for the amount I owe. Would a lawyer

    I need a credit card lawyer

    Peter’s Answer

    Not knowing the amount of the judgment and the current state of your financial affairs, I'm not sure why some of the others are so quick to suggest bankruptcy. You have not provided enough information for a meaningful response - in my opinion. Depending upon whether you wish to dispute the judgment (maybe you were never served) or whether you have a legitimate reason for having defaulted (and a meritorious defense), an attorney may be able to help you vacate the judgment and / or work out a better deal than what the amount is to be garnished. You should sit with a local attorney who is well-versed in this area in a private setting. Good luck!

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