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Ava L. Zelenetsky

Ava Zelenetsky’s Answers

60 total


  • My lawyer stopped responding. What language should I put in the retainer ending the relationship ?

    Ava’s Answer

    You can fire your lawyer in a letter. I would suggest sending it by certified mail, return receipt requested so you have proof. I would also suggest asking for your entire file back. Perhaps you might want to wait until you find another lawyer whom you wish to hire and then that lawyer can follow up and get your file directly from your current lawyer.

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  • Motion to vacate default judgment in small claims court that was decided by arbitration

    Ava’s Answer

    Reasonable excuse for the default, a meritorious defense, and no intent to abandon the matter or to default. You may make a motion to vacate the default. You can do so yourself, pro se, or hire an attorney to assist you. However, you will have to specify at length within your motion the grounds for such vacatur and submit admissible evidence to support your motion.

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  • Is the roommate from whom I rent my room considered my landlord in the eyes of the law?

    Ava’s Answer

    • Selected as best answer

    It would appear that your roommate is indeed your landlord if your roommate was the one taking your money for the rent. If your roommate refuses to return your deposit to you, I suggest you send him a letter via certified mail, return receipt requested, in which you ask for your deposit to be lawfully returned to you, you having vacated the premises and having paid all of your rent in full, as well as leaving the apartment and room you rented in the same condition as they were when you rented same. Add that this letter is a "good faith" attempt to avoid unnecessary litigation and request the deposit be returned to you within a short specified time (such as within 20 days). If your roommate still refuses to return your deposit to you, you should consider bringing an action against your roommate in small claims court. You can also consult with a lawyer and hire one to assist you. At times, letters from lawyers do carry more weight with certain individuals. Best of luck to you.

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  • If I tell an officer I will only answer questions with a lawyer present, do I actually have to answer questions with a lawyer?

    Ava’s Answer

    You do have the right to remain silent and it is strongly recommended that you exercise that right. You can consult with an attorney, and then, upon the advise of counsel, you can elect not to answer questions by the police or proceed with answering them with your attorney present.

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  • Your boyfriend get assigned to your place,change back to his aunts place then want to change back to your HOW long does it take

    Ava’s Answer

    I would need more information. Who was he "assigned" by? Is he a juvenile or an adult? There is simply not enough information here to answer this question.

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  • Can I sue NYS Dept. of Corrections for not giving a 6'9" inmate and extended bed as required under reasonable accommodation?

    Ava’s Answer

    You should hire an attorney and have the attorney put pressure on the warden and sue as a last resort.

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  • Is this Defamation? After a argument with a Pain Management Dr his report said I gave extra meds to my dog.

    Ava’s Answer

    I don't see a cause of action here for defamation from the facts as you've explained them, but you can always consult with an attorney who practices in this area of practice in person and who will be able to get more information from you.

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  • What is the Law on phone harassment at work?

    Ava’s Answer

    You can always consult with a lawyer in this area of practice. Without knowing more, like who is asking for the documents, what are the documents supposed to be, why would this person think they exist, and what effect it has had on you at work, I cannot offer any further comment.

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  • Will my security guard license renewal be denied? Is there anything I can do?

    Ava’s Answer

    I don't think there is really any way to know unless you actually attempt to renew your license. When did this happen? Has the 12 months expired? Have you had any further problems with the law? You may very well want to consult with an attorney who may be able to help you and who will be able to get more details from you. Good luck.

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  • Ticketed for failure to signal

    Ava’s Answer

    I suggest you hire an attorney who concentrates in traffic tickets. I recommend Michael Palumbo of Palumbo & Kosofsky, a former law school classmate of mine and friend. Mr. Palumbo has dedicated his career to defending traffic tickets and can be found on Avvo. His website, AttackThatTicket can also give you more information about him and his law firm. Please feel free to use my name when you call him. I wish you the best of luck!

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