If my landlord has lost my check and someone outside of the company has cashed it what options do I have for restitution?
Daniel's answer
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Answered on May 28, 2024
When you mailed the check, did you use certified mail with a tracking number, or just regular first class mail? It would be hard to establish a...
Loan payment ?
Daniel's answer
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Answered on May 28, 2024
Unless your parents or sister guaranteed the loan, there is no legal basis to collect it against those parties who are not in privity of contract...
Hello. Is there any kind of defense against a landlord pursuing a plenary action for monies in rent owed, after I moved out?
Daniel's answer
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Answered on May 28, 2024
You may have any number of defenses to the lawsuit, such as laches, failure to mitigate, uninhabitability of the premises, wrong amount alleged,...
Can a real estate broker sue his clients who own the condo for his commission because clients did not disclose to broker there ?
Daniel's answer
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Answered on May 27, 2024
The general rule in New York is that a broker is entitled to a commission once a “ready, willing and able” buyer is produced, regardless of whether...
I received a demand letter from a lawyer representing a landscaper in Easthampton Ny for a bill I paid,
excessive charges
Daniel's answer
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Answered on May 26, 2024
It sounds like it might be some sort of shakedown attempt. Still, that does not mean a lawsuit would not be filed if you ignore it. You probably...
Dispute credit card transaction?
Daniel's answer
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Answered on May 23, 2024
Sometimes these sort of transactions just show as pending until the charge is posted to your account. That will be clear once the final charge...
I was just served with a Wage garnishment judgment in NYS
Daniel's answer
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Answered on May 23, 2024
You may be able to defeat the garnishment by proving that all your wages are exempt from collection, depending on your salary and the amounts of...
If i have a counterclaim and the petitioner doesn't reply, can they then raise a defense of Res Judicata after first hearing?
Daniel's answer
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Answered on May 23, 2024
You probably need to make a motion to dismiss or strike that affirmative defense, but this would depend on a detailed review of your case. There...
What would be thefollow up for a stipulation of agreement when I moved out and the landlord didn’t comply with the agreement ?
Daniel's answer
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Answered on May 22, 2024
If the landlord breached a condition of the stipulation, you will have to file a lawsuit in civil or supreme court to enforce it.
Pressler, felt & warshaw sent me a summons and an additional notice of lawsuit. what can I do?
Daniel's answer
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Answered on May 22, 2024
You need to analyze your case to determine which defenses, if any, you have available. There may also be procedural and jurisdictional defects to...
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