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Robert Roth’s Answers

18 total

  • How long after a hospital visit can the hospital expect to get paid for a presenting a bill for the first time?

    Hospital sent a first bill two years after hospital visit. Do I need to pay? Is there a statute of limitations on the collection of such debts (if in fact it is a legitimate debt)?

    Robert’s Answer

    In New York, the Statute of Limitations for breach of contract is six years except for contracts for the sale of goods in which it is four years. In either case, they are within the limits.

    Be advised that there are several law firms in the city that do nothing other than handle hospital collection lawsuits and that hospitals are not shy about suing people.

    If the bill is legitimate, now is the time to see if there is any way to negotiate a reduction, or failing that, a payment plan.

    Good luck!

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  • What is the procedure for a policeman to provide his credentials if he intends to identify himself as a police officer

    What is the procedure for a policeman to provide his credentials if he intends to identify himself as a police officer ? Should he show his ID or badge, or both ? Is an oral claim that he is a ..... ever enough to accept him as such ?

    Robert’s Answer

    Most NYPD officers simply show their badges ("shields" is the local term. On occasion they may also display their photo identification cards.

    Your last question is pregnant with the story you are not telling us which I wonder whether it concerns an arrest.

    If so, in the hypothetical situation where a police officer who has just witnessed the commission of a felony in his presence, announces himself as "police" without displaying a badge, if that's your only objection, it's still a valid arrest.

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  • Regardomg real estate inheritance

    Hello, My name is Eric and I am a real estate agent. Iv known of a brownstone property in Park Slope that has been abondoned since the owner has died(from what i was told).I would like to sell this property but do not know where to start. Iv be...

    Robert’s Answer

    Merely because a property is vacant does not necessarily mean the owner is dead or even that there is no owner.

    (You aren't talking about the place opposite Two Boots, are you?)

    Go to the website of the NYC Department of Finance at the link below. Then find out the BLOCK and LOT number corresponding to the address. Then, click on the second like below and find out if anyone is paying the Real Estate Taxes on the property.

    If there is someone paying those taxes, contact him and find out if he is in a position to help you.

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  • NY verbal contract law

    I am currently involved in a magazine subscription through a reader's service that I purchased over the phone some years ago. They have recently called me to notify me that I have about 3 more years worth of payments and when I said I wanted to ca...

    Robert’s Answer

    Oral (not "verbal" by the way since almost all contracts contain words) contracts are sometimes enforceable if they meet the requirements of a contract and the facts of the making of the contract can also be proven.

    In your case, if the company is located in New York City you can get help from the Department of Consumer Affairs. If elsewhere in the State, from the NYS Attorney General's Office.

    Where are they?

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  • AVO 3rd and other tickets.

    Regardless of the situation that lead to this event I was pulled over by police and issued many tickets which concern me because I have 5 children and was recently laid off from my job. The tickets I have received are as follows: Unregistered Mot...

    Robert’s Answer

    I know Mr. Weiss. He is among the top people at what he does and he is quite thorough.

    If he has made you such a gracious and generous offer, do two things, please:

    Go and see him, and

    Say nice things about lawyers.

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  • Commercial landlord tenant law NY state, tenant's right to landlord refusing consent of business sale

    am trying to sell my business which i have 4 yrs lease left the landlord refuse me selling my business what should i do

    Robert’s Answer

    It is impossible for a lawyer to advise on a lease without reading it. That said, very often a lease will contain a prohibition against assignment or subleasing without the landlord's consent. The key is whether or not that consent can be reasonably or unreasonably withheld.

    Take the lease to an attorney who specializes in this area.

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  • NY DUI laws, probable cause

    I was convicted of a dui on 12/07 in Scotia, NY. Then on 5/08 I was stopped for dui (charges pending) in rosendale, NY. And more recently on 8/08 I was stopped and arrested for dui, again in Scotia, NY. At the time of this most recent dui I h...

    Robert’s Answer

    You need to do everything you can to avoid two additional convictions. Three convictions for DWI within a year is a circumstance unlikely to make even the most lenient judge show mercy.

    I would recommend getting counsel to defend you and getting help with your drinking.

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  • Sponsorship of non u.s. citizen wife's citizenship, USCIS

    I am a US born citizen but my fiance is not. When we get married does she automatically get citizenship or residency? Or do we have to apply? Can you refer me to a web site where I can read the laws myself? Thanks

    Robert’s Answer

    Congratulations on your engagement!

    When you get married, assuming that is in the United States, see an immigration attorney who will file a petition for adjustment of status to change your wife's status to lawful permanent resident.

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  • Can I be bumped from a flight when I travel with children?

    I was bumped from a flight when I was traveling with my two young children. Can an airline do that? Is there some sort of law about who gets bumped if the airline has to bump somebody?

    Robert’s Answer

    I am not sure I fully understand your question.

    Do you believe that you were Involuntarily Denied Boarding (what is commonly called "bumped") solely because you have two children? That seems odd.

    Airlines are required to file with the U.S. Department of Transportation their Denied Boarding Priority list (see link below). These lists are also available for you to read on the airline's website typically in the section marked "Conditions of Carriage."

    GENERALLY SPEAKING, the lower you are on the list, the higher your chances are of getting IDB'd. Typically the lists blend two categories, the fare class and category (discount fare passengers get bumped before full fare passengers, coach goes before first class) and status in the airline's frequent flier program (the more you've flown, and the more miles you have, the better chance you have of staying).

    Keep in mind that airlines typically only bump people when they cannot get volunteers to take a later flight. And bumping rules must be applied without discriminating based on membership in a "protected class" (e.g. race, religion, etc.)

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  • Real estate listing agreement terms and condition, owner's liability when the listing agreement terminated

    my contract ended with my realtor. in my listing agreement it states that if the property is sold, leased or exchanged within a period of 180 days, the protection period, from the expiration of this listing or any extension thereof to a buyer int...

    Robert’s Answer

    I have seen many different brokerage agreements over the years and I would never try and advise on one without reading it in full.

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