Do these type of retainers usually extend to the point the tenant is physically removed? If the landlord prevails after the trial and gets a warrant, how many more appearances are there generally? Are those appearances covered in a flat fee evicti...
As you suggested, each attorney is different. Some may include a certain number of appearances in a flat fee for a holdover (with a per-appearance fee after that number is reached), but I doubt any will include a trial, which would typically turn it into an hourly fee or at least an additional appearance fee. If you're talking about a particular firm's flat fee eviction, you should ask that firm what it includes. Good luck!See question
It's been over 3 months since my lawyer failed to start a illegal lock out case. Can I ask the judge if they will allow me to bring up the case without counsel since it was never heard by a judgd
I've read the question and responses to the other attorneys and am even more confused now then when I started... You're the tenant and you were illegally locked out? You had a lease? You've been living somewhere else for the past 3 months? We need more info.See question
Someone may have used my name to get a ticket under my name but gave false information. I was given advice to run my name by a friend because he said he "thinks" he overheard someone getting a ticket and giving the officer what sounded to him like...
I'm just chiming in to ask where you "ran your name" in order to find this ticket.See question
The lease was signed with my name 10 years ago. The lease was for one year. After the lease expired I kept paying rent and have never missed a payment. The undertenant pays me and is overdue for four months now prompting my holdover case to evict ...
I'm confused by the fact that you spoke to a judge who said you had to demonstrate your "right" to the place and you concluded by asking whether your lease will hold up. How far along did your holdover action proceed and what was the last determination? You had a trial? Otherwise, why was the judge involved? I would think your original lease and proof of payments as a month-to-month tenant for the last 10 years would be sufficient proof that you had standing to bring the action against your sub-tenant. Is the subtenant's lease in writing?See question
I've been living in my property for over 3yrs now and I wanted to put up a fence during that time. I was doing some work on my home and the town of Hempstead in Nassau said that I had to put up a temporary fence while construction is being done. ...
Mr. Rothstein is correct. Unless there's only one surveyor in your town, the surveyor has no way of knowing or finding out whether your neighbor had a survey - but if they've lived there over 30 years, it may be true that it's been that long since most homeowners never need to update their survey while they own. If you have the town's approval, I see no reason to not install your fence. Let the neighbor bring an action if he wants to try and stop you. Good luck.See question
I live in a residential neighborhood and next to 75 acres of town "open space". The 75 acres was purchased for 10 million dollars 12 years ago with tax money and there was an easement in place so that a commercial business cannot be built. This ye...
You've answered your own question. The way to stop a "bar" from opening next door is to move. You would spend more money trying to delay the inevitable than you'd hope to realize as increased sales price. News of the opening will spread and I think you may have an affirmative duty to disclose the cidery (at least if asked about it). If this is that troublesome to you, list your house now. Good uck.See question
My friend was arrested for selling a lot of unstamped cigarettes
I cannot find any code 999.99. Did you substitute 9's for the actual number?
New York City Administrative Code
** § 11-4012 Cigarette tax. (a) Attempt to evade or defeat tax. Any
person who willfully attempts in any manner to evade or defeat any tax
imposed by chapter thirteen of this title or payment thereof where: (1)
such tax is unpaid on ten thousand cigarettes or more or (2) such person
has previously been convicted two or more times of a crime set forth in
this chapter relating to cigarette taxes; shall be guilty of a class E
(b) Any person, other than an agent so authorized by the commissioner
of finance, who possesses or transports for the purpose of sale any
unstamped or unlawfully stamped packages of cigarettes subject to tax
under chapter thirteen of this title, or who sells or offers for sale
unstamped or unlawfully stamped packages of cigarettes in violation of
the provisions of such chapter shall be guilty of a misdemeanor. Any
person who violates the provisions of this subdivision after having
previously been convicted of a violation of this subdivision within the
preceding five years shall be guilty of a class E felony.
(c) (1) Any person, other than an agent so authorized by the
commissioner of finance, who willfully possesses or transports for the
purpose of sale ten thousand or more cigarettes subject to the tax
imposed by chapter thirteen of this title in any unstamped or unlawfully
stamped packages or who willfully sells or offers for sale ten thousand
or more cigarettes in any unstamped or unlawfully stamped packages in
violation of such chapter shall be guilty of a class E felony.
(2) Any person, other than an agent appointed by the commissioner of
finance, who willfully possesses or transports for the purpose of sale
thirty thousand or more cigarettes subject to the tax imposed by chapter
thirteen of this title in any unstamped or unlawfully stamped packages
or who willfully sells or offers for sale thirty thousand or more
cigarettes in any unstamped or unlawfully stamped packages in violation
of such chapter shall be guilty of a class D felony.
* (d) For the purposes of this section, the possession or
transportation within this city by any person, other than an agent, at
any one time of five thousand or more cigarettes in unstamped or
unlawfully stamped packages shall be presumptive evidence that such
cigarettes are possessed or transported for the purpose of sale and are
subject to the tax imposed by chapter thirteen of this title. With
respect to such possession or transportation, any provisions of chapter
thirteen of this title providing for a time period during which a use
tax imposed by such chapter may be paid on unstamped cigarettes or
unlawfully or improperly stamped cigarettes or during which such
cigarettes may be returned to an agent shall not apply. The possession
within this city of more than four hundred cigarettes in unstamped or
unlawfully stamped packages by any person other than an agent at any one
time shall be presumptive evidence that such cigarettes are subject to
tax as provided by chapter thirteen of this title.
* NB Added Ch. 765/85 § 82, language juxtaposed per Ch. 907/85 § 14
* (e) Nothing in this section shall apply to common or contract
carriers or warehouseman while engaged in lawfully transporting or
storing unstamped packages of cigarettes as merchandise, nor to any
employee of such carrier or warehouseman acting within the scope of his
employment, nor to public officers or employees in the performance of
their official duties requiring possession or control of unstamped or
unlawfully stamped packages of cigarettes, nor to temporary incidental
possession by employees or agents of pe
My car's head gasket was not replaced properly which caused break-down 270 miles away from home, caused $1500 expenses in towing, rental car and hotels and caused enormous stress for my family. Mechanic is holding my car for 29 days since car retu...
I'm not sure what "horror" reviews you heard about, but the SI Small Claims Court is no different than in Brooklyn. But, what makes you think you can't bring your small claims case in Brooklyn? Just because the mechanic is in SI, doesn't necessarily mean you can only sue in SI. Good luck.See question
Now that my son in law has passed away, his brother is not making the payments on time and my daughter gets letters and late fees added to this loan. He seems to not feel he is responsible now and my daughter fights with him and this curse of the ...
If son-in-law died, his personal oblitagions under a co-signed loan should have died with him, unless he pledged something that your daughter also owns as collateral. You mentioned worrying about losing her home, so is this a mortgage we're talking about? Who owns the house? Did your daughter also co-sign? Does she own a part of the house? More info is needed.See question
My niece needed a co-signer for a car she wanted to purchase. I live in NY and she lives in Maryland. The loan was taken at a dealership in Maryland and the bank doing the financing was Wells Fargo. I was not present during the processing of the ...
I agree with Mr. Chertock, but want to suggest that you probably need to discuss this with an attorney licensed in Maryland, the state whose laws most definitely apply to the dealership's agreement. An option may be to discuss with the bank a voluntary turnover of the asset, whereby you basically tell them where it is so they can repossess it. It's not great for your credit, but neither is sitting idly by watching... you need to cut losses and move forward. Good luck!See question