Bryon C McKim’s Answers

Bryon C McKim

Ballston Spa Election Campaign / Political Law Attorney.

Contributor Level 7
  1. Can a landlord sue for "unpaid rent"? No lease. We have paid all 6 months rent, mostly cash. No receipts. I have already moved.

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Bryon C McKim
    3. Edwin Drantivy
    4. Cheryl Rivera Smith
    4 lawyer answers

    As has been stated, she can sue in small claims court. Because you don't have checks or receipts, I would start to try to compile bank statements that would show you taking out large sums of money that would show you took out the money for rent. It isn't perfect, but it is probably the best you are going to do. You may want to contact a lawyer. They may be able to write a letter to make it go away quickly

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If my father is the executer of my grandmothers will can he take my inheritance and put it in an annuity ?

    Answered almost 2 years ago.

    1. Bryon C McKim
    2. Daniel Alexander Jimenez
    3. Joseph Allen Bollhofer
    4. Joseph Franklin Pippen Jr.
    5. Eric Jerome Gold
    5 lawyer answers

    If all it says is a 1/3 share, and you are over the age of 18, then the lump sum would be the proper way to distribute it, assuming that there are no other restrictions in the will (Such as what property you have 1/3 over). That being said, if he does anything other than that you can bring an action against the estate, and him as the executor to compel him to distribute in the lump sum. You may be even able to get him removed as the executor in probate court. I would get a copy of the will, and...

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  3. If a company I signed a non compete with sells the site I signed the contract for, is my non compete now null?

    Answered about 1 year ago.

    1. Richard J. Chertock
    2. David Harlow Relkin
    3. John P Corrigan
    4. Peter J Weinman
    5. Bryon C McKim
    6. ···
    7 lawyer answers

    Most likely it would not invalidate your non-compete clause most likely there are other terms in the agreement that may shed some more light on whether a sale of the site would still effect you. I would consider consulting a lawyer to review the full contract to give you a better idea of your situation.

    3 lawyers agreed with this answer

  4. Can NYS Sales Tax Dept garnish the salary of someone who was never involved in a Corporation in any way nor ever worked the biz?

    Answered almost 2 years ago.

    1. Harry N. Konst
    2. Corey B. Rabin
    3. Christopher Michael Larson
    4. Bryon C McKim
    4 lawyer answers

    Generally, you both are liable because the tax form from the Corporation was your joint 1040. The previous poster is correct as it relates to an "innocent spouse." This is a bit of a process, that you will probably want to consult a lawyer for. "You may qualify for innocent spouse relief for a tax year beginning on or after January 1, 1999, only if all of the following apply: • you filed a joint return for the tax year(s) for which you are requesting relief; and • there is an...

    3 lawyers agreed with this answer

  5. Draining water on my property?

    Answered about 1 year ago.

    1. Bryon C McKim
    2. Eric Edward Rothstein
    3. Peter J Weinman
    4. Alan James Brinkmeier
    4 lawyer answers

    I would consult DGS (Albany Dept of General Services) They may direct you in the right way. I would also consider speaking to your neighbor orally. If this doesn't work, you may want to consult an attorney to send a notice to the neighbor of the negligence/liability that he has/is creating. This will also help you if further damage continues.

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  6. Do I Have A Case To Receive A Parking Pass Based On Medical Needs At My University

    Answered almost 2 years ago.

    1. Bryon C McKim
    2. Christine C McCall
    2 lawyer answers

    Without knowing the exact school or policy, it may be hard to examine this. My guess from the red tape you described is that this is SUNY. From what you wrote it seems reasonable, but your best option would probably be to consult a lawyer to lean on the school to allow this to occur.

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  7. Grounds for emancipation or change of guardian

    Answered 3 months ago.

    1. Bryon C McKim
    2. David Zaslavsky
    3. David Ivan Bliven
    3 lawyer answers

    As has been said, the other adult would have to make the application to the court. How old are you? That may open up the possibility of emancipation.

    2 lawyers agreed with this answer

  8. Constitutional law/ Civil Rights/ Election law.. Can a town law department stop you from speaking to your elected official?

    Answered 3 months ago.

    1. Bruno Patrick Bianchi
    2. Eric Edward Rothstein
    3. Bryon C McKim
    4. Michael Thomas Daugherty
    5. Rixon Charles Rafter III
    5 lawyer answers

    Your question is a bit confusing. could you please give more details as to your situation?

    2 lawyers agreed with this answer

  9. Landlord withholding my deposit and threatening to put me on a bad tenants register for 'breach of agreement'.

    Answered 3 months ago.

    1. Bryon C McKim
    2. Steven Warren Smollens
    3. Richard Glenn Elie
    3 lawyer answers

    Depending on the amount of your security deposit, you may have to bring a case in County Court. Under Real Property Law in NY, the landlord may be subject to triple damages for improperly holding on to your security deposit. I would consult a lawyer to review your lease and possible options for the next step.

    2 lawyers agreed with this answer

  10. Have I breached my contract? Who is at fault here?

    Answered 7 months ago.

    1. Eric Edward Rothstein
    2. Bryon C McKim
    3. Richard J. Chertock
    4. Glenn Johnston
    4 lawyer answers

    Not seeing the exact terms of your contract, my assumption is you probably are subject to pay for the contract. If you never used it and they were supposed to have the trainer contact you, you may be able to work with the gym/debt collector to have them go away and cancel the contract. But until you get them to do that, you probably are subject to the terms of the contract which probably means you are subject to pay.

    2 lawyers agreed with this answer