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Richard E Weltman
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Richard Weltman’s Answers

1,108 total


  • Do repairs to an underground water line that resulted in driveway getting ripped apart constitute a misuse of the common element

    The driveway of my townhouse had to be partially ripped to repair an underground water line. My contention is that this is a Limited Common Element and as that the association is supposed to pay for it. The associations attorney has indicated that...

    Richard’s Answer

    Consult with your own private attorney in a confidential office setting. You raise the classic type of factual dispute that is not likely to be resolved in this public forum. There may also be questions about notice to the association. Your last point about being asked to procure insurance coverage from the same water company needs to be further explored for potential conflicts of interest. Bottom line is that the association has its own counsel and you should too. Good luck in getting this sorted out.

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  • What happens if you don't show up in court in a civil lawsuit?

    What happens if you do not appear in court in a civil lawsuit as the defendant? Will the case still continue without your presence? If the other party has no evidence and the only way they can win in court is based upon the defendent's testimony a...

    Richard’s Answer

    If you simply don't show up you risk losing to plaintiff by default. And because you have already entered an appearance in the action, the judgment granted to plaintiff is likely to be "on the merits" and not on default. Speak in a confidential office setting to an experienced NY trial lawyer before putting yourself in harm's way.. Good luck in getting this resolved the right way.

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  • Can a judgment be vacated after it was satisfied? (New York State)

    I received a summons from a utility company to pay a past due bill. After a phone consult with a lawyer, I was told to contact them directly to make payment arrangements. I did and paid the amount the utility told me to pay (which was less than th...

    Richard’s Answer

    Once a judgment is satisfied there is typically nothing further to vacate. The matter is moot. You can try to file an action and seek disgorgement from the utility judgment-creditor based on both excusable neglect and a meritorious defense to the action. In addition to the mootness issue, the effort to vacate may cost substantially more than the judgment itself. Meet with a lawyer in a confidential office setting and get guidance concerning your particular facts and circumstances. Good luck.

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  • Chapter 7 bankruptcy. What is the time frame of transfer of property before filling?

    I qualify for chapter 7 based on my debt and income I have never filed bankruptcy in the past.I would like to know what is the time frame the trustee could ask regarding transfer of property because I transferred my car to my mom 1 year 4 month ag...

    Richard’s Answer

    I agree with my esteemed colleagues. . The outcome will also depend on the value of\he car at the time of transfer.. Consult in person with an experienced bankruptcy attorney concerning this issue and the totality of your other facts and circumstances.. Good luck.

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  • Can I be forced to pay a maintenance fee?

    We hire a management company, but there are people who hasn't paid,can I be forced to pay.

    Richard’s Answer

    This appears to be a real estate question. You may wish to re-post it. In all likelihood you should review your homeowner association or similar documents with a real estate lawyer or read them yourself. Where homeowners do not pay their share it typically falls on the other homeowners to make up the shortfall through an assessment.

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  • Which offers better legal protection: an S-Corp or an LLC?

    I am looking to form my business under either an S-corp or an LLC, but I want to protect myself / personal assets from any lawsuits to the best of my ability, should legal trouble ever arise. I recently had a dealing with a copyright / trademark i...

    Richard’s Answer

    Speak with your accountant if your issues are primarily the costs of operation and LLC "flexibility." Most lawyers prefer corporations because the law is better settled. Both forms--LLC and corporations--offer limited liability to protect the owner from most liability provided you don't commingle assets or use the entity to commit fraud. Again, when you are ready to make the plunge meet with a business lawyer in a confidential office setting and share your objectives and goals in detail. Most lawyers will likely steer you to the corporation, all other things being roughly equal regarding protection.

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  • Can a judge "research online" or are they required to limit their decision to information presented in court?

    In my post-divorce Plenary Hearing, my ex-wife presented a printout from a website, and the print out was lousy. They judge said, "don't worry, I can always look at this on the internet." Further, the judge's decisions clearly indicates that he ...

    Richard’s Answer

    Typically, the judge may consider and "take judicial notice" of matters in the public domain--including information posted online--but should call this out in his or her opinion. The idea is that credible and reliable information be used by the court when deciding the factual and legal disputes. When in doubt discuss the particular facts and circumstances with your own lawyer in a confidential office setting. Good luck.

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  • Filing a private lawsuit?

    I want to sue an institution but I want to keep the lawsuit and details private, can this be done?

    Richard’s Answer

    Not unless you get a court order sealing the record. Otherwise, you should expect that all filed pleadings in the case will be a matter of public record, available to the public and the press.However, if an agreement between the parties requires arbitration, or if the parties agree to arbitrate, the dispute may be resolvable privately. You should confer with a litigation attorney about your concerns. Good luck.

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  • Can a debt collection attorney file an action against a business in supreme court, after being dismissed in district court?

    We are a NY business with a small debt from a California insurance company that did an audit on us, who we had coverage with. They wanted an extra $4500 on an old policy. We didn't think we owed the money, and the insurance company turned it over...

    Richard’s Answer

    You need to consult with an attorney in a confidential office setting concerning the particulars. If the action was dismissed and the stipulation was breached there seems to be no reason why insurance company is unable to sue to enforce the agreement. Bring the summons and complaint and stipulation with you when you meet with the attorney. You may be able to reinstate a payment schedule. Notably if your company is an LLC or corporation it is required to appear in the action through legal counsel. Good luck.

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  • Is 30 day deadline to interrogatories strict deadline or can it be extended

    I received interrogatory from defendant attorney which mentions me to answer in 30 days. 1)Do I have option to extend it or is it a strict deadline? 2) I also want to send him my list of interrogatory questions. What timeframe limit should I se...

    Richard’s Answer

    Mr. Boyer is correct on both counts. Most often discovery deadlines are fluid; work with your adversary to agree on extensions within the Court Rules and the court's scheduling order. You would benefit if you were able to get experienced counsel to help you Good luck.

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