Daniel DeMaria’s Answers

Daniel DeMaria

White Plains Federal Crime Lawyer.

Contributor Level 14
  1. Can my landlord stop my girlfriend moving in to my studio apt with me?

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. John P Corrigan
    3. Jennifer L. Ellis
    3 lawyer answers

    The roommate law provides that occupancy of an apartment will usually be limited to the tenant, the tenant's immediate family, and one additional person (plus children) (RPL § 235-f). Additionally, NYC law provides that each occupant of an apartment must have "a livable area of not less than 80 square feet." (New York City Administrative Code § 27-2075(a)(1)). Thus, the Landlord cannot stop your girlfriend from moving in, and any such provision in the lease is unenforceable.

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  2. My 15yr old son fell down the school stairs while exiting. He has a broken leg, a cast for 4 weeks and crutches. How can we sue?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Eric Edward Rothstein
    3. Daniel DeMaria
    4. Anthony A. Ferrante
    5. Ryan M. Finn
    6. ···
    10 lawyer answers

    You should contact a personal injury attorney right away. You can start by contacting one of the attorneys from your state that answers this question.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I was recently laid off from a job and had to sign a release form to be able to get my separation package.

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Emma A. Kremer
    3. Catherine Taylor
    3 lawyer answers

    I am sorry to hear that you were laid off. The courts have often held that a non-compete agreement that is more than 6 months in duration is unreasonable, and so the agreement may not be enforceable. The fact remains though, that if you breach it you *could* get sued, and so you would have to go through the time and expense of defending yourself... so keep that in mind. Also, it really turns on whether the new position requires you to "solicit" customers from your old employer. If, for example,...

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  4. I have never felt more sick and miserable in my life. Would I have a case worth while?

    Answered over 1 year ago.

    1. Christopher Francis Earley
    2. Daniel DeMaria
    3. Elliot S Coren
    4. Michael Alan Contant
    5. Kathleen O'Toole
    6. ···
    14 lawyer answers

    Contact a personal injury attorney right away. Most work on contingency fee basis which means that the attorney takes a percentage of any verdict or settlement, and if he doesn't win you don't pay. In other words, don't worry if you can't afford an attorney, make sure you contact one anyway because it won't cost you anything upfront.

    9 lawyers agreed with this answer

  5. I had a case settle over a year ago and the lawyer has still not released the settlement to me. What should I do?

    Answered over 1 year ago.

    1. Burton A. Padove
    2. Stephen Laurence Hoffman
    3. Judy A. Goldstein
    4. Timothy Leo Bowden
    5. Daniel DeMaria
    6. ···
    10 lawyer answers

    I agree with my colleagues. Contact the Attorney Registration & Disciplinary Commission, 130 E Randolph Dr Chicago, IL 60601, (312) 565-2600. You may also be able to claim money from the client protection program. Here is information on how to file a claim: http://www.iardc.org/clientprotection.html I am sorry this happened to you, and wish you the best of luck.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Do I have any kind of case for cost misrepresentation?

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Emma A. Kremer
    3. Jeffrey Ira Schwimmer
    4. Robert Bruce Kopelson
    4 lawyer answers

    I agree with my colleague in all respects, and just wanted to throw in some additional points. First, you should try to contact the dentist to resolve this matter amicably. There may be a good chance he'll reduce his fee, it may not be exactly what you want, but it could come close, this would be fast and cost-effective. Secondly, under Mass. Gen. Law 93A, you may be able to recover treble damages, and this can be used as a strong motivator for the dentist to simply settle the claim...

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  7. How solid is a DUI case in which I was never seen driving the car, and was only arrested after admitting to owning the car?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Daniel DeMaria
    3. Michael J Palumbo
    4. Carlos Gonzalez
    5. Theodore W. Robinson
    6. ···
    6 lawyer answers

    You have a case, but you need a good lawyer. The cops could easily say they saw you drive, but if they admit they didn't a good lawyer may likely be able to get you off.

    8 lawyers agreed with this answer

  8. If I copped out to a deal of 5yrs for attempt to possess a weapon felony.Can I take back the cop out?

    Answered about 1 year ago.

    1. Jonathan Brian Manley
    2. Howard A. Schwartz
    3. Eric Edward Rothstein
    4. Joseph A Lo Piccolo
    5. Jayson Lutzky
    6. ···
    7 lawyer answers

    If you have not been sentenced you may be able to. If you have been sentenced, then the closest thing would be to file a 440 motion to vacate but you would need grounds for doing so (such as ineffective assistance of counsel and/or new evidence), and these are hard to win when you plead guilty. Good luck.

    8 lawyers agreed with this answer

  9. I desperately need to contact a California atty. re a massive corporate fraud issue. The pop-up screen does not let me input

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Paul Karl Siepmann
    3. Edwin Drantivy
    4. Rocco Luisi
    4 lawyer answers

    Fraud would fall under litigation. You can use the "Find a lawyer" feature to search for litigation attorneys on Avvo. Otherwise, post a more detailed question, and contact one of the attorneys from your state that answer. Good luck

    8 lawyers agreed with this answer

  10. Legal term for stalking online.

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. George Costas Andriotis
    3. Eric Edward Rothstein
    4. Christian K. Lassen II
    5. Joseph Gerard Dell
    5 lawyer answers

    Cyberstalking?

    8 lawyers agreed with this answer

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