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Jack Richard Lebowitz

Jack Lebowitz’s Answers

1,828 total

  • I have a divorce attorney who i do not feel is representing myself properly or ethically. We have a trial setting conference

    We have a trial setting conference coming up in a day. I do not feel like she will protect my best interests and I cannot get a hold of her and when I do she is very unclear with a plan of action or what my options are. I feel like I'm helpless b...

    Jack’s Answer

    Not sure why you feel the attorney is not representing you ethically. She is communicating and wants to meet with you to discuss options and strategy. Attorneys don't make the facts and can't settle matrimonial dissolution disputes amicably apart from the parties willingness to do so.

    That being said, you are entitled to have an attorney representing you that you are confident in and can change right up to the eve of trial.

    Why don't you meet with your attorney, have a candid discussion and THEN decide whether you want to change attorneys.

    By the way, as far as "fixed fees", I don't know what your exact contract says, but usually matrimonial attorneys "fixed fee divorces" assume a relatively uncontested divorce that doesn't assume a lot of discord, discovery and a trial. It's just a reasonable amount for hassling the ton of paperwork that's involved (not a CA attorney but am guessing their "no fault" divorces are equally as intensive with the court paperwork as my state's. It's a lot easier to get married than divorced, even a so called "uncontested" or "no fault" divorce, even if the parties don't have children or a lot of property to divide.

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  • Evicted from limited equity coop.$43K refund due me.Equity now -$21K after bogus restorations, replace granite with Formica, etc

    JUSTICE ISSUE,Contingency Basis.Will Get Great Press! 63yo, Confined to Wheelchair, Currently Homeless.Penn South (Mutual Redevelopment Houses) in news (N.Y. Times, etc) for unprecedented number of evictions.Mine was retaliatory.Ran for Board 7 ye...

    Jack’s Answer

    Is there a question here? This segment of the site is for people to ask relatively simple questions about the law and their rights. It sounds like you think you have some kind of breach of contract or tenant's rights issue.

    No attorney is supposed to solicit your business by this kind of posting. That violates the terms of use and community guidelines of this site. Use the "Find a Lawyer" tab of this site to find "real estate", "tenants rights", "condominium/cooperative law", "litigation" etc. attorneys in your county to discuss the matter with. Many offer no cost initial consultations to evaluate your claim and tell you whether you have a good legal claim or not.

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  • My ex wife and I agreed to swap Easter break and presidents week with the kids. I booked trip, now she's saying she won't swap.

    Is there anything I can do. As per the stip this February is her week. But she did agree to switch.

    Jack’s Answer

    Your question is confusing, but it sounds like the "stip" (written separation agreement? custody/visitation order?) gives your ex the week in February and she verbally agreed to swap the stipulated vacations and is now "reneging" her previous verbal approval, is that right?

    Well, technically, if the order/stipulation/agreement has an "as the parents may agree" provision, you could argue that agreeing to something not as specified in the order and then revoking the agreement is a "violation" of the agreement/order, but it's an obviously weak argument.

    I'd suggest going forward, that you either (1) not agree to or request ANY deviations from the parenting plan in the order or (2) require any such deviations to be in writing, signed by both parties, on at least 30 days prior notice, not revokable and stipulated that not complying with the changes is a violation of the order. Note that this cuts both ways: what's sauce for the goose is sauce for the gander, and if ex wants any flexibility in the parenting plan for herself, she's either going to have to put up or shut up here.

    Sorry for the problem, but treat it as a learning experience and modify your flexibility going forward.

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  • When serving the DOS for a lawsuit against a corporation, is service complete once served on DOS?

    I have a November 19, 2015 deadline to serve a corporation. If I serve the DOS prior to November 19, 2015, is service completed at that point?

    Jack’s Answer

    Yes. So long as DOS is actually served as agent (look at their website, if you are mailing or overnighting papers to DOS, you may have to have some lag time. However, if you bring the two copies to the counter at the Corporations Bureau in Albany at 99 Washington Avenue and physically hand them over the counter and have them accepted by the Clerk, service on the corporation is complete at that time (although they obviously have to take longer to send the copy to the corporation by certified mail and have it received).

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  • An attorney representing one party, makes misrepresentations of the law to un-represented opposing party in a civil matter.

    The misrepresentations of the law were followed by threats of the attorney and his client to seeking relief via judicial proceedings if we did not do as the attorney instructed. Is this grounds for a bar complaint?

    Jack’s Answer

    Probably not. "Misrepresentations of the law" are regarded by lawyers like "opinions" and "arguments" and it's the other attorney's job or the Court's to "check out" the arguments and come to their own conclusions. The law is in the statute, case law and treatise books in the library or on the internet (for free!).

    Anyone can check this out - although lawyers do have an advantage because they've studied the law and research methods. If you chose not to avail yourself of an attorney or taken the trouble to attempt that "due diligence" with publicly available materials, that's on you, isn't it, not the other attorney.

    "Threats" tp seek relief by judicial proceedings where the other side has notice and opportunity to contest the relief requested is perfectly OK and legal, as opposed to threats to commit extortion or breaking your kneecaps.

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  • Is it illegal to not register a house with the county clerk, and what are the legal ramifications?

    I ran a title search on a home which is not listed in the Nassau county clerks office, the land is currently owned by a small corporation and the lot is listed as a vacant lot at the clerks office. They built a house there since 2008 and rent it. ...

    Jack’s Answer

    The deed recorded at the Clerk's Office would not refer to improvements, structures or buildings on the premises, only to the dimensions, location and previous ownership of the property. "Real Property" includes any permanent structures which may become affixed to land, but the deed is not changed after such structures are built to reflect the structures.

    You should check not with the Clerk's Office but the Real Property Tax Services Office in that County or Town and see whether the Tax Map Number associated with that deed/parcel is listed as "vacant" or "single-family-residence" and what the land and buildings are assessed at (they are assessed separately). I would venture to guess the house has not escaped the notice of the assessor, if not, just tell them and the problem will be easily corrected.

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  • Hi, my is Ashley I was wondering how I would go about suing an energy supply company?

    They locked me in at a 8.6 kwh and have been charging me 16 cents per kwh for almost a year. My electric bill are on a budget plan so I just usually pay whatever the bill is. It has been outrageous $220 a month so I called my electric company not...

    Jack’s Answer

    Electric and gas services in New York are provided by a combination of the local public utility (National Grid or NYSEG upstate) who deliver the power and another supposedly competitive company that provides the electricity supply. The suppliers are notorious for providing a one year "teaser" rate which is less than the public utility delivery company (which also will supply the power if you don't select a supplier) and then jacking it up after the year ends, similar to banks with adjustable mortgages and credit cards. Ambit Energy is famous for this and was fined for it; Ambit sells customers through multi-level marketing pyramid schemes.

    Despite the half-baked "de-regulation" in New York, the Public Service Commission in Albany does still "lightly regulate" public utilities and has the power to combat fraudulent situations and consumer abuses. Call them at the number on the link below and tell them your problem.

    (I was a staff attorney at the NYSPSC in the good old days of "big (bad) government" and pre "de-regulation" when utilities had to had the same posted rates for everyone and had to apply to the PSC for any rate increases, which we were usually able to whack in half after public hearings where the utilities had to justify their cost increases. Don't believe everything the GOP conservatives tell you about "government bad" and "free market" good, IMO least you know where my sympathies are...but call the number below and you should get some response from the utility. Also, you should switch suppliers, back to National Grid or NYSEG in my least they aren't always playing with the rates and you don't have to watch your bills like a hawk to know what you're going to be charged.

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