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Matthew Tannenbaum
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Matthew Tannenbaum’s Answers

206 total


  • I received a Notice of Liability for allegedly going through a red light. I played back the video and saw the freeze frames. It

    states on the frames that the light had been amber for three seconds. It was only amber for one second. 1) What kind of leeway is there to stop in NY (this was in Nassau County, if it matters) once a light turns amber? 2) How successful have owner...

    Matthew’s Answer

    You can fight it and will probably win in the event if trial however the legal fee will outweigh the fine

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  • Is it required by law for a taxi driver to wear a seat belt in the state of NY?

    There was no passenger.

    Matthew’s Answer

    I agree with ms kalker. There is a specific exemption for taxi drivers from the seat belt law. I actually used the exemption in the past to counter a contributory negligence claim being used by an insurance company when my cab driver client was broadsided by another vehicle. The judge agreed with my argument. The rationale behind the exemption and to answer other attorneys on this forum is that the driver needs to get out if the vehicle often to assist fares with luggage etc.

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  • How many points on my license will I get? Doing 70 on 55 highway, 11 year record of no moving violations or points.

    Got the ticket on 135, ticket says I have to report to the court on 16 Cooper St, Hempstead

    Matthew’s Answer

    It's a 3 point violation however you should hire a local traffic attorney to appear on your behalf. Depending on your driving record this could be reduced to a no point violation. I have had great success getting these types of tickets reduced at Cooper street. Good luck

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  • How do I fight this cell phone ticket?

    I got pulled over for having my cell phone in my hand, but I was not talking on the phone, I can prove this with phone records. However my bigger concern is the 5 points it will put on my license. Even if I did hire an attorney, what are our chanc...

    Matthew’s Answer

    It does not matter if you were not talking on the phone. If the people prove you were holding the phone it is enough to convict. You are better off looking to plea bargain the case than going to trial depending on which court you are in

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  • I got Form RP-5217 and TP-584 and my question is can I use these forms to remove my Aunt and Uncle from the Deed ? Quitclaim.

    My mother wants to remove their names from the Deed, and to Replace it with my name only. Since we don't have enough to pay a good lawyer. I am going to do it myself. I am hoping that I can do it with just the forms i have so far. Or if there are ...

    Matthew’s Answer

    Do yourself a favor and hire an attorney to do it for you as the cost do get this done I'd not that much and it will outweigh the time you spend and mistakes you will end up making.

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  • How would I go about dealing with a 6 point speeding ticket (85 mph in 55 mph zone) in Suffolk County, NY?

    I recently received a speeding ticket for allegedly going 85 mph in a 55 mph zone on the L.I.E. in Suffolk County, NY. I was cited in violation of NYS V&T Law Section 1180 Subsection B, a Traffic Infraction. The arrest type is 1-Patrol. It also ...

    Matthew’s Answer

    Use the find an attorney feature on avvo and hire an attorney to appear on your behalf. Depending on your driving record your attorney should be able to get you a favorable deal. I have appeared in Suffolk TVB on this type of ticket and gotten good results for my clients. Good luck

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  • My real estate attorney advised me that if the seller refuses to refund my down payment, I must hire a "litigation attorney" if

    I take the seller to court. I thought a real estate attorney can take the seller to court. Why do I need a litigation attorney? Background: The seller refuses to comply with the purchase contract in that it won't provide certain items clearly outl...

    Matthew’s Answer

    Your real estate attorney probably does not have litigation skills. Depending on your contract you would either have rights in equity or law in the event of a seller default. Equity rights would mean that you would sue the seller for specific performance of the contract. Your at law rights would mean you would sue the seller and ask for damages which you would have to prove you suffered. You cannot have both. There are a lot of other facts and issue that would have to be discussed with an attorney before he or she would take the case. Good luck

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  • What is the difference between the, "Affidavit of Personal Service" and "Affidavit of Substituted Services" forms?

    I am trying to evict someone from my house and I was wondering what the difference is between the forms and which form I should give to my friend who will serve the soon to be evicted.

    Matthew’s Answer

    From a technical standpoint Mr. Chertocks and Mr. Smollens answers are correct. I would add that eviction proceeding are not something that the average layperson should undertake without aide of an attorney. As you can see by. The answers a defect in the method of service or the proof of service may be grounds for the dismissal of your Petition. From a time standpoint you may be better served hiring a landlord tenant attorney who practices in the Court where you are bringing the action. Good luck.

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  • Where can I find the federal law, how long to wait to be able to send that time is on essense?

    real estate closing.

    Matthew’s Answer

    Msrs. Chertock and Nicotra are correct. I would add that generally TOE demands are governed by case law not statutory law. To understand the difference between the two would be to much for this forum to address. Suffice it say the case law generally says that the courts will look each matter on a case by case basis reviewing the totality of the circumstances when deciding whether to enforce a claim of default by a party for failure of the other side to appear at a TOE closing. So there us actually no hard and fast period of time that a party would have to wait before sending a TOE. Best to speak to an attorney.

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  • How long does it take to be evicted in Suffolk County?

    Fallen behind in rent and landlord is threatening eviction. I cannot come up with the money to satisfy the debt. I did give 3 months security when we rented and right now the money owed is less than the security. How long does it take if he s...

    Matthew’s Answer

    I generally agree with mr golds answer however more information is needed to properly answer your question. Is there a lease or are you a month to month tenant? Your security deposit is irrelevant when it comes to payment of rent. Rent is rent and security us security. I highly suggest you speak to an experienced landlord tenant attorney if you are actually served with a notice to cure or quit. Use the Avvo search function to find a local LL/T lawyer. Good luck

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