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Matthew Tannenbaum
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Matthew Tannenbaum’s Answers

212 total


  • I got a ticket for failure to yield to pedestrians.Should i plead guilty or dispute it? What are the options

    I took a turn and there were pedestrians crossing the road. It was their right of way. I did let everyone go before I the crossed the pedestrian crossing. An officer followed soon and told me that i was didnt give pedestrians right of way and gave...

    Matthew’s Answer

    I appear in this court often. If your record is clean it will most likely be reduced to a parking ticket. It is best to retain an attorney to appear for you.

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  • Divorced couple selling their house. Rights and responsibilities of each party

    I was divorced in NY in June 2014. The bank is going to foreclose on the house at auction and my wife claims she is the only name on our deed but I am the only one on the mortgage. Is this possible? She's also contracted a realtor to sell this hou...

    Matthew’s Answer

    I agree with Mr. Schlufmans answer. You really need to get an experienced real estate attorney working on this matter ASAP! Forget about going down to the county clerks office and reviewing your file on your own. You may not have time and will not know what to look for and will become overwhelmed. Also up until the property goes to auction the owner has the right to sell it and you do not need the court's approval. Again this forum is not always the best way to get answers especially with the number of issues you present in your question. Ask your divorce attorney for a recommendation or use the AVVO find a lawyer function to find a local real estate attorney to help you. Also the cost for an attorney to "look into " your case should be minimal. Good luck.

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  • How long it take an eviction process in Nassau County?

    My tenant and I signed a 1 year lease that started on 8/1/15. He paid 2 months deposit. Had to pay me $2,850 on 12/1/15 and hasn't. Called him on the phone to see whats happening and he wants to pay $1,000 tomorrow while he gets the rest of the mo...

    Matthew’s Answer

    I agree with Mr. Chertock. If done properly an eviction should take 2 - 3 months. You should however hire an attorney who regularly appears in NCDC. The legal process is technical in nature. I have seen many cases dismissed due to slight defects in service of either to predicate notice of the petition. Good luck.

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  • Can landlord keep my security? (Rockland county, NY)

    I paid 2 months rent as a security for a rental in Rockland county NY. Moved into filthy conditions (pictures to prove this). Fast forward, I moved out at the end of a 1 year lease (proof of rent paid on time every month and turned in the keys 6 ...

    Matthew’s Answer

    If the landlord did not place the security deposit in a segregated bank account you have an absolute right pursuant to NY General obligations law for return of 100% of the security regardless of any damage to the unit. Sue him in small claims court. First question ask him where he placed the money. If he cannot prove he segregated the money ask the court for a directed verdict.

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  • Can I ask for a dismissal of my traffic ticket, because I was supposed to receive a supporting deposition 30 day's from the date

    from the date I received it. It's been well over 30 day's. Do they have to dismiss it if the court doesn't provide you with a supporting deposition within 30 day's from the time I requested it?

    Matthew’s Answer

    You would have to make a motion to dismiss for failure to supply a supporting deposition. Downstate on Long Island it is a written motion. Good luck .

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  • Traffic question. Perfect driving record.. Ticketed today

    I was driving on the lie in Nassau county today and was riding in the hov with no passenger The car in Front of me stopped short when they saw a cop so I swerved into the other lane to avoid hitting him. The copped pulled me over and ticked me for...

    Matthew’s Answer

    The cop lied. However depending on how he wrote the hov violation it could be no points however rest of tickets carry points. I have had success in getting reductions on these types of tickets in both Cooper street and north hills village court. Do not plead guilty. Use the avvo search function to hire a local traffic attorney.

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  • I received a Notice of Liability for allegedly going through a red light. I played back the video and saw the freeze frames. It

    states on the frames that the light had been amber for three seconds. It was only amber for one second. 1) What kind of leeway is there to stop in NY (this was in Nassau County, if it matters) once a light turns amber? 2) How successful have owner...

    Matthew’s Answer

    You can fight it and will probably win in the event if trial however the legal fee will outweigh the fine

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  • Is it required by law for a taxi driver to wear a seat belt in the state of NY?

    There was no passenger.

    Matthew’s Answer

    I agree with ms kalker. There is a specific exemption for taxi drivers from the seat belt law. I actually used the exemption in the past to counter a contributory negligence claim being used by an insurance company when my cab driver client was broadsided by another vehicle. The judge agreed with my argument. The rationale behind the exemption and to answer other attorneys on this forum is that the driver needs to get out if the vehicle often to assist fares with luggage etc.

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  • How many points on my license will I get? Doing 70 on 55 highway, 11 year record of no moving violations or points.

    Got the ticket on 135, ticket says I have to report to the court on 16 Cooper St, Hempstead

    Matthew’s Answer

    It's a 3 point violation however you should hire a local traffic attorney to appear on your behalf. Depending on your driving record this could be reduced to a no point violation. I have had great success getting these types of tickets reduced at Cooper street. Good luck

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  • How do I fight this cell phone ticket?

    I got pulled over for having my cell phone in my hand, but I was not talking on the phone, I can prove this with phone records. However my bigger concern is the 5 points it will put on my license. Even if I did hire an attorney, what are our chanc...

    Matthew’s Answer

    It does not matter if you were not talking on the phone. If the people prove you were holding the phone it is enough to convict. You are better off looking to plea bargain the case than going to trial depending on which court you are in

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