Skip to main content
Mark Michael Campanella
Avvo
Pro

Mark Campanella’s Answers

116 total


  • Do I have to file as a Foreign LLC in Florida for my rental property?

    I have a single-member LLC (formed in NY) that owns property in NY. I purchased a home in Florida last year, and titled it in the name of the NY LLC. I have a short-term rental license for the home. I am now being told, a year later, that I hav...

    Mark’s Answer

    You may want to repost your inquiry in the Florida section, as your question pertains directly to Florida law as opposed to NY.

    See question 
  • NY - Can my boyfriend make claim against house we lived in for 6 yrs if ask him to leave or I pass away? Life estate titled.

    My bf had breakdown 2 yrs into our relationship (his ex, courts, kids, etc.). Ever since he has had a chronic alcohol problem. He will stop for a few months, goes on binges around the holidays (re-hashing his missing his kids, etc.) for a few mon...

    Mark’s Answer

    Assuming your rendition of the facts is accurate, your boyfriend does not have a claim to the property. I would nonetheless consult with local counsel to confirm as much. If this is indeed the case and you want your boyfriend out, you will need to commence a summary eviction proceeding against him to legally remove him from the property if he won't leave. As to a claim on the property, assuming he asserts one based on the fact pattern you gave, he will not be successful.

    See question 
  • It seems to me that my friend's lawyer is trying to scare my friend with the small chances that they won't win the case...

    I know for a fact my friend is innocent as I was a witness. The lawyer told my friend that, in general, even when completely innocent we can never be sure 100% that we will win the case. Apparently the lawyer spent about half of their last meeting...

    Mark’s Answer

    Anything is possible, but I'd like to think it unlikely. The simple fact is that there are no guarantees. As my colleagues suggest, counsel is merely trying to paint a complete picture and give your friend a full understanding of his options and possible outcomes. He can choose to listen to his attorney's advice or not, but he needs to understand that there are inherent risks that no attorney can guarantee against.

    See question 
  • Jackson sells his farmland. A dispute has arisen about wheather or not the following items are included in the sale. The contrat

    is silent about whether or not the following items are included, a growing cotton crop, a irrigation pump that can be unbolted and a tool sheed. discuss each of these and if they are included

    Mark’s Answer

    Why do I feel like I'm back in law school? Perhaps you should pay better attention during your real property class than pose your home work questions on here.

    See question 
  • How can I get money back from bad Engener/Arhitector?

    I hired engeneer/arhitector to get a bulding pertmit.Paid lots money,but he did nothing.Would get money back or finished his work with money what I already paid.Where can I such for honest construction law lawyer?

    Mark’s Answer

    Assuming he didn't provide the services you contracted with him for, unless he voluntarily pays you back, you'll have no choice but to commence an action to try and recover the funds you claim he owes you. If you're looking for an attorney referral, either contact your local bar association or go to the Avvo find an attorney section.

    See question 
  • Can i sue a car dealership for vehicle neglegence and failure to addresss customer s needs toward vehicle?

    the person recently purchased a car. shortly after, the person started to have a problem with the car. she brought the car back to the dealership several times. issues concerning car were not remedied.

    Mark’s Answer

    Depending on the age/mileage of the car, the nature of the repairs, how long the vehicle was rendered unuseable, how long it sat at the garage, etc., you might have a basis for bringing a claim against the dealership. As suggested by the questions I just posed, these are very fact dependent cases, so you'd be best served by consulting with counsel that handles lemon law cases in your area.

    See question 
  • I have a sucured loan and an unsucured loan with the same company the sucured loan is up for reposesion

    they want both notes paid in full to keep my piece of equipment is this legal

    Mark’s Answer

    I concur with Mr. Murillo. Your situation will be wholly dependent on what the contracts provide for. Depending on the contractual provisions to which you agreed, the creditor could well be within its rights to enforce both loans. It's impossible to say based on the information you've provided. Consult with local counsel to review the documents and advise to the particulars of your situation.

    See question 
  • Payment of per diem by way of diminution of real estate purchase price.

    How does payment of per diem by way of diminution of purchase price works in pose closing possession? Is there any better approach other than diminution of purchase price for getting the per diem paid for post closing possession?

    Mark’s Answer

    I concur with my colleague. It's unclear what you're asking, or what the per diem is for. If, as he suggests, it's to ensure possession at closing or to address a post possession situation, a large escrow holdback and post possession agreement may be your best bets.

    See question 
  • What can i do if my former employer choked me

    He was mad cause i called for help

    Mark’s Answer

    File a police report to begin with. You're query, however, leaves out much detail, including what provoked your employer, were you injured, etc. If you were injured, you may have a basis for commencing a personal injury action against the individual who assaulted you, as well as the company. You need to speak with local counsel about your options, and to assess whether your fact pattern warrants a possible action.

    See question 
  • What are the possible torts in a counter suit against a frivolous law suit under Arizona law?

    Sued by former employer together with former employees for sexual harassment, when the employer would be liable. Defending against fabricated suit in retaliation for making a wage claim in New York. Sued for assault when they allege a threat and ...

    Mark’s Answer

    If you're looking for specific counterclaims available to you in another jurisdction, you should repost your inquiry in the Arizona forum, not the New York forum.

    See question