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Rory M. Alarcon

Rory Alarcon’s Answers

187 total

  • I was making a flower delivery when a man barreled into me

    told him watch iinmand he confronted me and pushed me to the ground. I then took my cutter i use on the job and retaliated . It was a c felony and now it is an "a" misdemeanor . I never been in trouble in my life and i am 37 yrs. I have a 13 yr...

    Rory’s Answer

    I imagine that this was the offer made by the prosecuting attorney. I hope you did not accept the offer, and yes, get an attorney. The escalation of the matter into the equivalent of a knife fight does not help, so don't do anything else but start contacting attorneys for a consultation.

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  • My aunt passed away a year ago with no will. The only surviving heirs are nieces, nephews

    There is also a brother in law. There is only her home, and what ever furnishing that were of any value have been taken I believe by some family members a few weeks ago. a police report will be filed tomorrow by a niece. Who is the house left to...

    Rory’s Answer

    Both answers before are correct, but for your own sake, you might want to check out the mortgage or if there are any liens on the property before you start, as the home can only be transferred subject to those being paid off or assumed by someone else.

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  • 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?

    In NY state do you need additional insurance if you own an American Sstafforshire Terrier?

    Rory’s Answer

    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.

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  • Criminal action for tape-record my phone conversation with my son

    My ex-wife mentioned in email that she secretly tape-record my phone conversation with my son. She never asked my consent. How to file criminal action against her? We live in Brooklyn, NY. Thank you

    Rory’s Answer

    Don't count on the police getting involved. The matter may be probative to a Family Court / Divorce Action, but police are hesitant to get in the middle of a domestic matter unless there is (or will be) a threat of violence.

    You filing an action on this may actually work AGAINST you, as no judge/referee that I have appeared before likes to hear of such behavior (including your wife's taping of the call).

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  • 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?

    I was preheating the ovan to bake something, and I smelled a burnt plastic and saw smoke coming out from the stoves. I turned it off, thinking i was mistaken, and I turned if on again, it happened again. The smell was unbearable. I am renting from...

    Rory’s Answer

    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 proving that the faulty oven caused you an overwhelming degree of mental anguish.

    Finally, you also lose out if you do NOT notify them, as you are aware of the possible danger.

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  • I have old debt on my credit report, it will be six years in January of 2014.

    I was considering filing for bankruptcy but was told that after six years from the last payment the collection agencies couldn't collect the debt. Is this true?

    Rory’s Answer

    Old debt or old judgment?
    There are fundamental differences.

    If it is a judgment, yes it may still be collected.
    If it is merely a debt that an action was never commenced upon (with a written contract), then it may be time-barred.

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  • Landlord tenant eviction nonpayment issue

    I'm an attorney but I practice criminal law. I am helping a friend with filing an answer to a nonpayment petition. My friend is disabled and unable to handle this on their own and it. They also cannot afford an attorney. Anyways, I used the f...

    Rory’s Answer

    Yes, the forms could be different, but this may be due to WHO is making the allegations. I imagine that if your friend brought the petition in their name and your name was not on the papers, then the papers you have would suffice. You can try Lexis Nexis or Westlaw for forms. If not, see if the Kings County Law Library has materials.

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  • Do I have to move out?

    I signed a motion granted to stay execution of warrant until next month, commencing that I pay this months rent, so ordered by the judge. If I don't move out by the date agreed, can I ask the judge for more time to move?

    Rory’s Answer

    Mr. Bianchi is entirely correct. One thing I should add though is that you should not wait until your time has expired to seek such relief. Another thing is that it may be hard to demonstrate that you are seeking another apartment unless you can show paperwork of your 'search' (i.e. advertisements, rental applications, etc.)

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  • My gf has been divorced 5 years. Her ex just recently started paying her child support and pension

    The 2 lawyers are working out how to pay the back money. Isn't she entitled to interest

    Rory’s Answer

    She should receive interest if there was a judgment in place. If your girlfriend was seeking this Support for over five years and filed enforcement actions, it is highly likely that there are judgments in place.

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  • What are the chances of receiving spousal maint on top of child support if I also work full time and make about $30,000 less

    Spouse $85000 Myself $55000

    Rory’s Answer

    OK, much more information needed here, because there are many factors considered in determining spousal maintenance awards:

    (1) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part;
    (2) the length of the marriage;
    (3) the age and health of both parties;
    (4) the present and future earning capacity of both parties;
    (5) the need of one party to incur education or training expenses;
    (6) the existence and duration of a pre-marital joint household or a pre-divorce separate household;
    (7) acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law;
    (8) the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor;
    (9) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
    (10) the presence of children of the marriage in the respective homes of the parties;
    (11) the care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party's earning capacity;
    (12) the inability of one party to obtain meaningful employment due to age or absence from the workforce;
    (13) the need to pay for exceptional additional expenses for the child/children, including but not limited to, schooling, day care and medical treatment;
    (14) the tax consequences to each party;
    (15) the equitable distribution of marital property;
    (16) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
    (17) the wasteful dissipation of marital property by either spouse;
    (18) the transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
    (19) the loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties; and
    (20) any other factor which the court shall expressly find to be just and proper.

    In other words, since all of the above may be considered, it is difficult to assess your chances of obtaining the support you could receive right now.

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