Is is is the banks fault for having a check go through then saying it didnt get accepted and charging you the amount.
Michael's answer
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Answered on September 24, 2020
The bank is acting correctly. Funds must be available before the certainty of a check is known. A bank relies on your girlfriend's endorsement of...
In NYS Supreme Court, can an OSC granted to a petitioner re re-argued with a TRO by a respondent?
Michael's answer
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Answered on September 24, 2020
You can technically bring a motion by order to show cause for reargument, but you are not going to get it. Why would the judge change his ruling...
Can a motion to dismiss be filed at any time at any time during the proceedings in New York?
Michael's answer
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Answered on September 24, 2020
At this point you need to file a motion for summary judgment. There is no practical difference.
Archived
How can I get my name off a mortgage loan?
Michael's answer
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Answered on September 24, 2020
You cannot get your name off unless your husband refinances. The bankruptcy is what is hurting your credit. The mortgage is discharged I assume,...
Archived
How can I sue a Corporation or its Subsidiary in NY when they don't appear to have a headquarters here?
Michael's answer
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Answered on September 24, 2020
These companies are likely authorized to do business in NY. Otherwise, you can sue in civil court (not small claims) and these issues do not apply.
Archived
How to evict a month to month sublease tenant?
Michael's answer
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Answered on September 24, 2020
Nothing. While you can file the papers for an eviction, evictions are stopped in New York for now.
Archived
Hello , I recently had a bankruptcy case dismissed in my fourth year of the plan. I am currently up to date as of September.
Michael's answer
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Answered on September 22, 2020
Unfortunately, you are going to have to make a motion. Not a big deal, and it should be granted.
Can my yacht club place a mechanics lien on a boat of a deceased member?
Michael's answer
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Answered on September 21, 2020
It is not a mechanics lien. It is a warehouseman's lien, but same idea.
Archived
How can I get my $12,000 retainer back from my New York attorney who just died?
Michael's answer
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Answered on August 21, 2020
You need to make a claim for the money. If the lawyer was a firm, you can sue. If not, you need to claim from his estate. The county bar has a...
Archived
Eviction moratorium?
Michael's answer
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Answered on July 24, 2020
Do you own or rent? If rent, talk to your landlord about a plan. If you get sued, talk to a lawyer. Eviction itself is stayed for now to Aug. 20.