Rory M. Alarcon’s Answers

Rory M. Alarcon

Ronkonkoma General Practice Lawyer.

Contributor Level 12
  1. My commercial tenant,abandoned the store, did not pay rent for 24 months, when i got him evicted in july , thru court,

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Rory M. Alarcon
    3. Jayson Lutzky
    4. Edwin Drantivy
    4 lawyer answers

    Your question is confusing, but I believe that he had the right to raise any defenses to the eviction in court and did not raise those defenses to the eviction when he should have. If you have any doubts about your liability, consult a lawyer.

    6 lawyers agreed with this answer

  2. Husband married in another state. What do I do?

    Answered about 1 year ago.

    1. Jeffrey B. Peltz
    2. Rory M. Alarcon
    3. Morghan L Richardson
    4. Howard Edward Knispel
    5. David Alexander Browde
    5 lawyer answers

    The above answer is correct. If you find that he did not actually divorce you, then you can initiate proceedings here if you having been living in New York for two (2) or more years. Yes, he can be served in that other state and still be required to appear in New York.

    6 lawyers agreed with this answer

  3. Can a debt collector put a levy on my bank account without me seeing a judge or without notice?

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Young Walgenkim
    3. Jayson Lutzky
    4. Diane L Gruber
    4 lawyer answers

    The levy was put on because the creditor received a judgment. You are supposed to be given notice of the court action filed, but there is a chance that you received a default judgment because the court papers were served on the wrong address. In other words, yes, there could be a judgment against you without you haven been in court, but you need to get that judgment to determine what court the judgment was obtained. Then you have the chance to fight it.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I need to file a response to a motion and do not have an attorney (Divorce Case)

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Eric Edward Rothstein
    3. Howard Edward Knispel
    4. Morghan L Richardson
    5. Marco Caviglia
    5 lawyer answers

    Yes, you can file responses to motions pro se (without an attorney), but your attorney cannot merely quit in the middle of an action without court permission (or your consent to change the attorney). Your question is somewhat confusing, as why would an attorney who have papers prepared at all if they did quit? Your best bet is to inform the court of the situation and ask for an adjournment of the motion return date so you can find alternate counsel. Suffolk is usually generous with...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can I appeal of stipulation of settlement agreement? what we agreed to verbally and what is written is not the same thing.

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Bruno Patrick Bianchi
    3. Peter J Weinman
    4. Steven Warren Smollens
    4 lawyer answers

    You may always attempt to appeal anything, but your chances of succeeding are extremely low. While you might have a case against your attorney (though the chance of this is slim), anything signed in court when you are represented is incredibly difficult to change without some form of duress.

    5 lawyers agreed with this answer

  6. I have a rental property, if I rent to a tenant who has a dog, and that dog bites someone, am I liable for anything?

    Answered about 1 year ago.

    1. David Ian Schoen
    2. Adam L Rothenberg
    3. Rory M. Alarcon
    4. Dean P Murray
    5. Michael J Palumbo
    6. ···
    6 lawyer answers

    Don't be surprised if you are sued if the dog bites someone on your property, but as Mr. Rothenburg said, you will not be liable for damages unless you know the dog has a history of being dangerous.

    5 lawyers agreed with this answer

  7. My oven in the new apartment I just rent was burnt when i turned on using the first time, Can I sue my building's management?

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Rory M. Alarcon
    3. Jayson Lutzky
    4. Sandra A Joseph
    4 lawyer answers

    Damages, damages, damages. On this information alone, I do not believe that you have that much of a plausible action. What damage occurred other than the smell? IF your apartment burned, you could certainly have an action for whatever was lost, but if the landlord takes action to correct the problem, then you have not really had any damages other than the inconvenience of having to notify him of the defective oven. If you were to claim emotional distress, you would have a hard time...

    5 lawyers agreed with this answer

  8. How do I get back 1/2 of the value of the restaurant?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Rory M. Alarcon
    3. Sean Thomas Wright
    4. Celia R Reed
    5. Jayson Lutzky
    5 lawyer answers

    You are definitely going to need to relay more facts here, especially considering the fact that you have not mentioned whether you have any paperwork regarding the terms of ownership, the manner in which it was held, and your father's withdrawal from the business.

    5 lawyers agreed with this answer

  9. What portion of an estate is inherited by a wife if husband predeceases intestate?

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. James P. Frederick
    3. Charles Adam Shultz
    4. Sean Thomas Wright
    4 lawyer answers

    Also don't forget to determine if there is a separation agreement that was sign between them. One of the usual terms states that the parties waive claims to any estate proceeds even if there is no final divorce judgmnet filed.

    5 lawyers agreed with this answer

  10. Will the divorce still go through in twenty days?

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. David Alexander Browde
    3. Susan Kathleen Duke
    4. Edwin Drantivy
    5. Patricia Issberner
    5 lawyer answers

    There are many more steps that must be taken by him to get the final Judgment of Divorce, regardless of your actions. Don't expect much to be happening in twenty days.

    5 lawyers agreed with this answer