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David Lawrence Ganz

David Ganz’s Answers

60 total

  • Do I need a real estate attorney?

    I recently bought a home that the previous owners had live in for 60 years. The land on the side of the house is technically owned by the owners of the neighboring land. The previous owners of the home used this land for 60 years without any int...

    David’s Answer

    Adverse possession (which is what this sounds like) must be open, notorious asnd hostile. The use of weal words ("technically owned") me=ay mean it was open and notorious but not hostile. The law generally does not favor taking away the propery of another land owner. Adverse possession at a minimum will involve an expensive and time consuming law suit. The best and easiest approach is to first consult a local title company and ask them to give you official (of record) title ownership of your parcel and the ones next t4o it that are affected. Then, it might pay to have a lawyer (on your behalf) inquire of your neighbor if they are willing to acknowledge the use or if they would record a document (for consideration -- ie payment by you to them) to legally acknowledge the rights. You could also t alk to you r neighbor on your own but if so it should only be a general convesaation witgh out rancor. GOod luck!

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  • What does it mean when it says "Application for attorney's fees" as a decision on the supreme court calendar?

    The defendant in a matrimonial case filed a motion to be relieved from her obligation to any marital debt. The plaintiff side filed an opposition. The calendar reads "fully submitted" When looking at the court calendar it appears that the motion i...

    David’s Answer

    Fully submitted means that both sides put in papers (motion, answer, reply, sometimes sur-reply0. Evidently, there was an application for attorneys fees by which counsel is seeking to be paid the fair and reasonable value for services (not uncommon in matrimonial actions where there is often one party unable to make payments [typically the wife]; this allows under the NY Domestic Relations Law for the disparate bargaining power to be eqwualized. There evidently was also a request for an accounting and for expenditures to be paid (in accordance with the order of the court) , which (again) most likely is a wife asking for the husband to front fees or pay them afterwards for expenditures needed for the accounting. I would guess that there were multiple motions seeking alternative or dfferent relief that the court consolidated in the interest of ecnomy. It would be better to draw conclusiosn from the court's decision than the applicaiton.

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  • How do i fight city hall

    I have a snow plowing problem with a city employee and talked to the mayor and another city council member and i just get a run around. the reason this is happening is this city employee has a personal issue with me and now he is using city time a...

    David’s Answer

    I have a different perspective (I am a former rmayor ) hving served seven years in that job. Write theMayor and the municipal clerk, copy to the members of the city council, explaining nicely the nature of your complaint. Concudue by saying that if the matter is not amicably resolved, you will be at the next meeting of the council to inquire about it publicly. That often does the trick. You can go back a second or a third time, as well. Squeeky wheels get oiled. In the event that this still does no good, you may be having your civil rights violaegd under setion 1983 of Title 42of the US COde. These are expensive suits to fight and, if the municipaity loses, for t he t axpayeres as well. You might think as well about dropping a note to the edditor of your local newspaperlocal newspaper to alert them to the problem. I predict this one will be over oon. Good luck!

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  • Do I need an Atty to Keep my Engagement Ring?

    Hello, I've been with the same man for 8 yrs. We were Engaged the first year together and he gave me the ring as a Christmas gift a week prior to xmas that yr of 2004. We have a two yr old son born 9-5-09 and a very bad relationship at this poin...

    David’s Answer

    It depends where you live, and under what circumstances the
    ring came into your possession. It may also depend on who broke up
    the engagement.
    In the convoluted world of domestic relations, perhaps nothing
    is more confusing than the so-called "heart balm" statutes that
    were made the law in each of the various states, and then abolished
    more than a half century ago to be replaced with a hodge-podge of
    custom and modernity.
    For the past 30 years, at least in New York, persons
    not under any impediment to marry have the right to recover
    property given in contemplation of a marriage which has not
    Yet just across the river from New York City, the courts of
    New Jersey have long called the gift of an engagement ring
    impliedly conditional, and will require its return on the breaking
    of the engagement by the recipient of the gift that contemplates
    marriage, except that if the man breaks off the engagement, he cannot obtain the ring.
    [bullet] Engagement rings differ from dinner rings in a
    number of states. The dinner ring is clearly a
    gift that has no relationship to the marriage.
    And, if you break up and want it back, be prepared
    to lose the argument and to have no legal redress.
    [bullet] Other typical engagement gifts that are given from
    the intended by the beloved are treated the same
    way as the engagement ring.
    [bullet] If the engagement is cancelled, you typically are
    not obliged to return engagement presents received
    from unrelated, third parties. Miss Manners, Ann
    Landers and Dear Abby may tell you it's proper to
    do so, rather than keep them, but these are gifts
    outright from the donors that just happen to mark
    or coincide with the occasion of the engagement.
    They are typically not intended for return.
    When a marriage breaks up, there is a divorce and the laws of
    all 50 states are geared to deal with it. An engagement break-up is
    less typical, and causes more headaches precisely because the
    parties frequently have no agreement to define their rights, and
    are emotionally involved in a decision that, to the outside world,
    often has no rational basis.
    [Pointed finger right] There are a number of cases in which a
    married man, awaiting dissolution of a
    prior marriage, has become involved with
    a prospect for the position soon to be
    opening up, and gives an "engagement"
    ring to seal the transaction. If the
    relationship sours, the man cannot obtain
    the ring back since he lacked the
    capacity to enter the contract in the
    first place because of his married state.
    Good luck

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  • I received a letter from the banks in foreclosure like to safe my home. However if not possible. Am in Suffolk county

    I been trying to find someone to help me. Have very little cash, nearly to live. Received letter from bank lawyer stating I owe 301,000.00. Called and asked how this works the answer I received was Suffolk county is over loaded, my paper work is u...

    David’s Answer

    Foreclosure takes away property from its lawful owner in order to pay back (partially or fully) a debt. If you bought a home with a mortgage (or trust deed) on it and you don't make the payments (or break other conditions of the loan), the lender may go through foreclosure to take the property away from you. Although the law of foreclosure differs in each state,"Judicial foreclosure" is used when the debt instrument is a mortgage and is more commonly used in NY.
    Regardless, foreclosure haS as ITS goal an
    extinguishment of all inferior liens, and a transfer of the
    property to the lender who is foreclosing.
    Prior to commencement of a foreclosure action the lender (secured party) will usually demand payment in full. The lender will typically base the demand upon the borrower's default of some material term in an underlying agreement, most of the time, failure to make payment in accordance with the terms and conditions of a mortgage.
    What is clear is that because the law does not consent to the
    taking of real or personal property lightly, it tends to be a long
    process, and sometimes a cumbersome and complicated one. If it is successful, the liens on the property are extinguished and ownership is forever lost. (There are certain exceptions permitting an equity of redemption).
    If the foreclosing party proceeds judicially, the debtor will
    be served a summons, complaint, and notice of pendency of action,
    sometimes referred to by its Latin name, lis pendens. This notice
    is designed to be filed with the land records, to give a clear,
    unequivocal warning to anyone who might wish to search the records,
    or purchase the property, that it is the subject of a foreclosure
    proceeding. If someone buys after the lis pendens is filed, they
    take subject to the foreclosure -- and their likely loss of various
    rights, including ownership.
    Subject to the different procedures required in accordance
    with the civil procedure laws of each State, there are certain
    common elements with every foreclosure action.
    a LAWYER MAY BE ABLE TO ASSIST YOU IN delaying the foreclosure or in resolving it -- even by modifying the mortggage,. Good luck!

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  • Small claims Court and paying the money I owe?

    I was currently put into small claims because of some fender damage that i did to a ladys car when i hit her on my dirtbike. She took me to small claims for $900 and won. I go to college full time and only make 192 a week so i chose to send her $2...

    David’s Answer

    New York is a judgment creditor friendly state, and yes, if the plaintiff (who won) is a judgment creditor, then she has the right to try and collect her judgment in a number of different weays ranging from levying and executing against a bank account, seeking to garnish your wages, and othermeans. (there are some limits on this). You might think about contacting her and seeing if you can make a defal. Another question: did you hav e insurance? Progressive ("Tips from Fo!") has such a policy -- you may be late, but if you have such a policy, theymay be able to help. . Also, if you live with your parents, theremay be homeowner's insurance that can be of assstance (or if you have it on your own). Looking to the future, you should make certain you have insurance! good luck.

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  • Company who cleaned my furniture ruined it and now they are claiming no fault, what can I do?

    I recently had my furniture cleaned and after it dried (the next day) it was discolored. They came out to reclean the furniture and now there are black marks all over. They initially took fault for the problem asked for pictures and the receipt ...

    David’s Answer

    For nearly a hundred years, small claims court proceedings have been a part of American law. Small claims courts today are found in all 50 states and the District of Columbia, and some territories. Their dollar limit is as low as $1,500 in Kentucky and as high as $15,000 (and with some exceptions, more) in at least three states: Georgia (no limit on eviction cases), Delaware or Tennessee. Many sources suggest that the first American small claims court, so denominated, began in Cleveland in 1913. Writing about it in a 1919 weekly journal The Outlook, in an article entitled “Justice for the Poor”, the statistics about this new court in Cleveland for 1915, two years after its commencement, are staggering:

    The costs are insignificant; but the net results are not. Thus, in the Cleveland, Ohio, Small Claims Court the total costs to the Plaintiff are 52 cents, and in 1915 [a total of] 5,106 cases were tried and the judgments rendered totaled $32,872.14. When it is remembered that these more than five thousand claimants would probably have been without any remedy but for the Small Claims Court, its value to the community can hardly be overestimated.

    Today, small claims courts are a significant part of judicial proceedings, nationwide. In California, which had 1.7 million total civil court filings in fiscal year 2008-2009, there were 232,378 small claims filings (or 13.6%). In Wyoming, the circuit court’s statistics show 8,511 civil cases filed not including small claims and 3572 small claims proceedings, meaning that about 30 per cent of all Wyoming civil cases are small claims proceedings.
    The National Center for State Courts shows these statistics for incoming small claims Court cases in 2008 (latest data available):

    State Cases
    Alabama 116,783
    Arizona 28,081
    Arkansas 19,505
    Connecticut* 96,434
    District of Columbia* 10,088
    Florida 378,461
    Hawaii 3,769
    Idaho 20,090
    Illinois* 153,750
    Indiana 291,182
    Iowa* 112,264
    Kansas* 9,634
    Kentucky 15,369
    Massachusetts 123,544
    Michigan 79,692
    Minnesota* 57,736
    Missouri* 14,332
    Nebraska 6,260
    New Hampshire 17,839
    New Jersey 52,224
    New Mexico 40,821
    North Carolina 268,256
    North Dakota* 4,710
    Ohio 84,499
    Oklahoma 95,127
    Rhode Island 21,346
    South Carolina 214,662
    Utah 39,606
    Vermont 11,786
    Washington 23,938
    West Virginia 44,975
    Wisconsin* 186,105
    Wyoming 6,913
    Total 2,649,781

    Historically, there are earlier examples of and proposals for small claims-type courts. The Georgetown University’s Lauinger Library, for example, contains an 1803 document entitled “A letter concerning the Ten Pound Court in the City of New-York,” which discusses “For the more speedy recovery of debts to the value of Ten Pounds, passed April 17, 1797.” Typically designed to handle relatively small and minor disputes, its procedure encourages those who participate as Plaintiff to be their own lawyer – which creates problems for a defense by a represented party. The Rules of evidence – which sometimes seem so stodgy, archaic, and difficult to comprehend in a regular litigation -- are relaxed. "Proof" can sometimes involve nothing more than submitting a "paid" repair bill or even an estimate -- rather than a live witness typically required when two large, commercial entities slug it out before a jury.
    Many times, the small claims part of the court will use local lawyers as the "judge," actually an arbitrator who is assigned to the case for the purpose of resolving it for all purposes in a binding arbitration. Other programs have mediation as a voluntary, or compulsory, part of their small claims court process.

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  • What to do if my claim does not belong to the small claim court?

    I was told that my current claim does not belong to the small claim court, it contains a number of violations including UCL 17200 (cause of action), state and federal labor laws, how can I reclassify my claim and give continuance at the same time?...

    David’s Answer

    Move to dismiss your claim. You can bring it pro se in a part with a higher monetary limit, or you might consult with a lawyer. There's probbably a book in your public library (or a nearby one) that I wrote some years ago that might be hepful called "90 SecondLawyer", which has a number of chapters on small claims court and the process. (Even if its now out of small claims coru, the nformatino is usedful as to how to bring your own case). Good luck!

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  • Do I need a lawyer?

    I was charged with petty theft at walmart. I had no intention of stealing. I have cash with me. I was looking for my mom & sister when 5 securities just grabbed & dragged me across the store. I have no criminal record whatsoever. This is my first ...

    David’s Answer

    A number of retailers such as the one named by you have taken a very harsh stance on those individuals who are charged with shoplifitng (sealing) beause it has such a big effect on their profit margins. The first thing you need to do is to get a lawyer who is experienced in this area. The second thing you need to do is refer all questions or corespondence from the complaining ocmpany to that lawyer and not respond on your own. You have a serious problem but it is one that a lawyer can give you serious solutions to, and probably keep your record clean. Even a misdemeanor ticket can pose all sorts of problems fro you in the fute. There are all sorts of prgorams that can result in the equivalent of adjiournment in contemplation of dismissal (ACD) which will clean the record up for you provided that you stay clean for the specified period of time. Goodf luck!

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  • My Attorney agreed to one ste price, no retainer, now charges me more. Can he do this

    My attorney agreed to do my divorce trial for one set price. I paid him, now he is sending me a bill for additional fees. There is no retainer. Can he doe this?

    David’s Answer

    When an attorney signs a retainer agreement, it is a contract (for better or worse).The problem with fixed fee retainers is that inevitably, no matter what your reason for entering into them, you will find that the time outstrips the work. There are competitive reasons to engage in such agreement, however, and the method is generally workable so long as the attorney stays true to the contract and the written retainre.One of the reasons that our firm stopped quoting fixed prices wsa thatthe unexpected can happen and 9in my opinion) if it does, you are stuck with your bad bargain (i.e., doing a lot more work than you contemplated). There are reasons why an attorney can with draw from a suit (and it is ethicalkly permitted to do so0 but mhaving made a bad deal and being underpriced for a lot more work than contemplated is not one of them.

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