Utility pole is on my property. Does the new neighbor have the right to trench to the pole without permission?
Daniel's answer
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Answered on September 06, 2013
Sounds like a trespass. Unless he has an easement, license, or other right to enter upon your property, he should not do so and can have civil...
Archived
Reimbursement for expenses at time of sale of house.
Daniel's answer
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Answered on September 05, 2013
That is obviously between you and your brother. If you are having difficulty valuing the improvements, consider hiring an appraiser to value the...
Archived
Do I have to use the co-ops property manager to change name on my deed
Daniel's answer
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Answered on September 05, 2013
When you "own" a coop, what you own is shares in the corporation. With those shares go a proprietary leasehold interest in some specific part of...
What does motion denied w/ leave mean?
Daniel's answer
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Answered on September 05, 2013
That usually means "with leave to renew." Generally, that happens when the motion is denied for a technical reason and not substantively and the...
Archived
Small claims court in New York
Daniel's answer
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Answered on September 05, 2013
You should speak to an attorney about this very fact specific situation. Specific advice on this type of circumstance is not appropriate in this...
Are existing mortgages extinguished via the sale of a tax lien in Nassau County?
Daniel's answer
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Answered on September 05, 2013
Yes. In Nassau County, the Administrative Code sets forth the procedures for a tax foreclosure. Provided there has been compliance with those...
Can another attorney in a law firm sign a default judgment to be filed in the New York State Supreme Court?
Daniel's answer
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Answered on September 03, 2013
Yes.
Archived
Why would a motion to dismiss be treated as summary judgement?
Daniel's answer
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Answered on September 02, 2013
And that depends. The relevant statutes are NY CPLR 3211 and 3212. Basically, a motion to dismiss assumes all of the facts stated in the...
Archived
My mother died about eight years ago. My father let it go into foreclosure, I want to save the property.
Daniel's answer
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Answered on September 02, 2013
You can always pay off the bank, but unless you are in title, that will do you little good. First you need title, then you can start to negotiate...
Archived
What happens when opposition to summary judgment is denied and the judge orders plaintiff to submit judgment?
Daniel's answer
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Answered on September 02, 2013
You "lost" the case as to some portion of liability. A submission of judgment means the Court has directed the movant to submit a proposed...
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