Christopher K. Werner’s Answers

Christopher K. Werner

Rochester Bankruptcy Attorney.

Contributor Level 2
  1. I need to know how to over turn a judgement and garnishment

    Answered over 1 year ago.

    1. Christopher K. Werner
    2. Eric Edward Rothstein
    3. Mark Michael Campanella
    4. Yefim Rubinov
    5. Susan Kathleen Duke
    5 lawyer answers

    Judgments can be vacated under CPLR 5015. The two most common approaches are: lack of jurisdiction and "excusable neglect". Lack of jurisdiction may be due to improper service etc. This is more straightforward and unlimited in time. The second requires (a) "excusable neglect" - a good reason for failing to respond ("answer") the suit after service of process and (b) "meritorious defense" - a good defense to the suit. Both must be established. This alternative must be pursued within one...

    Selected as best answer

  2. Someone says they will be retrieving belongings on a certain day and doesn't, how long before it's considered abandoned?

    Answered almost 2 years ago.

    1. Igor Serbinin
    2. Christopher K. Werner
    2 lawyer answers

    There is no specific statute on property apparently abandoned after a teneant leaves possession of a rented property. The landlor's responsibility is to act "reasonably" under the circumstances. A landlord, however, can not prevent the tenant from taking his property - but that is not the question here. Proper action by the landlord largely depends on the nature and value of the property. If what remains are just miscellaneous items of little value, notice to the tenant should be given of...