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Liam G. B. Murphy

Liam Murphy’s Answers

108 total

  • My landlord mistakenly gave me my housemates sublet, the contract is already signed, can he terminate it or am i protected?

    My landlord told me he had found someone to take over my lease and sent me a sublease agreement, me and the new tenant signed and dated it. A couple days after one of the girls who also was trying to find someone to sublease her spot in the house ...

    Liam’s Answer

    While Mr. Smollens' answer is based on applicable law, you should be aware that portions of his answer, particularly as to sub-leasing, are based on a critical differences in the law as it exists in New York City. Those differences (both in the statutes and the cases decided by courts) do not necessarily apply in Cortland. Moreover, some of the issues about sub-leasing can be changed based on the actual terms of the lease you originally signed AND can also be changed by the sub-lease you signed. In our area, it is fairly common for subleases to be signed to swap out tenants. If you have a signed sub-lease, you certainly have a good defense if your former apartment-mate tries to claim that she no longer has to pay rent and that you do have to pay rent. A more specific answer will depend on a close reading of the documents.

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  • Can a landlord in Ithaca, New York state break a lease due to renovations? The walls are being broken due to hazardous material.

    I'm a student & rented a room in a 6-bdrm house last year, and renewed my lease for a 2nd year. Landlord didn’t tell me she was looking to sell when I renewed, and I learned just 2 weeks ago. New owner took over the lease & asked me to move i...

    Liam’s Answer

    Your situation poses a tough series of questions.
    1) Your landlord might well be required by law to break the lease given the presence of hazardous material.
    2) That being said, you may well have a claim for damage based on the breaking of the lease
    3) You also have the issue of protecting/retrieving your personal property since your lease was on-going.

    More specific responses would come from your discussing the matter with a lawyer and letting that person review the actual papers involved (since the lease may well change the default position set by case law). What is clear, however, is that you have no claim based solely on the fact that the prior owner sold - that is perfectly permissible.

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  • Can a child be givin back to his parents if someone forged the mothers name on the petition

    the mother was never notified until after the fact and the father was in jail in a different state at the time of custody was given. parents have little to no bond with his parents

    Liam’s Answer

    I also saw that you had multiple ways of asking this question. The paperwork that was submitted to the Court will be very important in determining whether you or the mother were given copies of the papers that eventually decided the matter. The process is called "opening a default" and would involve you proving that you were not given the correct notice. That process may not be possible if parental rights were terminated in a proceeding.

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  • I live on the Temple of Truth Church Grounds here in Freeville, NY.

    I own my own home, pay my land lease and all of my taxes. I was sent a registered letter from the Church telling me that my Brother has to leave the grounds and never come back, He has not caused any problems and I am working on getting him a pl...

    Liam’s Answer

    A complete answer to your question would depend on the terms of your lease as well as any deed restrictions for the Church grounds. The letter you received may also provide some information on the basis for the "stay away" requirement. I would suggest you collect all those materials and review them together. It may also be that consulting with a lawyer and having a lawyer review all of them will help you understand your position.

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  • I want to argue for disobey traffic control device for saving my points.

    Do I have to argue with my ticket on the court? I drive with my friend at midnight and pass a red light, we get pulled over by university police and he give us a "disobey traffic control device" ticket, I am an international student and I don't wa...

    Liam’s Answer

    Local practice sets the "disobeying a traffic control device" generally as the lowest level the local district attorney will use for any points-related moving violation.

    Before you hire a local lawyer,
    1) return your ticket with a plea of "not guilty" and, if you did not receive a document marked "supporting deposition" at the top, check the box on the ticket for requesting a supporting deposition and return it to the Court as quickly as possible ... keep a copy of what you send

    2) go to our local DMV on Third Street, get a copy of your "driving abstract" and write to the district attorney asking for an offer - include both the ticket and your driving abstract

    3) be sure to go to Court when you are instructed to appear - ask for an offer

    4) if this is your first ticket, it is possible it will be dismissed ... that is more likely if you have no prior tickets and you do not have a lawyer appearing the first time.

    If you do not like the offer or what happens in Court you can ask for time to seek a lawyer at any time.

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  • Can I appeal a judge's decision not to make a decision on a temporary order of protection?

    My wife filed a temporary order of protection (TOP), and I filed one also. On the day of the hearing, I asked that both orders be removed because they were without basis. My wife asked for hers to continue. The judge said that he will not make a d...

    Liam’s Answer

    You generally cannot appeal an order in a case when the order is not "final." To appeal such an order, you have to apply (or "make a motion") for permission to appeal. You would get a faster result by pressing the matter in the Supreme Court and asking for a hearing on the orders of protection.

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  • In new york state is it leagal one for a laywer to recomend you go to trail know that some one wrote statement and not disclose?

    I was arrested for criminal possesion of controlled substance 5th. My lawyer also represented someone involved that wrote statment on me and never disclosed that the statement was written and recommended i go to trial. Also, its been about two mon...

    Liam’s Answer

    Cortland generally uses a public defender system. You might have been given assigned counsel if there were multiple defendants. You are allowed to ask the Court for a new lawyer if you are uncomfortable with the lawyer representing more than one defendant.

    If you do not have a copy of the statement against you, you should be aware that you are allowed to ask for a copy of statements against you and that your lawyer has the right to trigger that process (called "discovery").

    It is also possible that your lawyer believes the statement against you is best attacked in court and he or she is making a recommendation based on that opinion.

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  • I want to sue a psychologist in NY who lied regarding his credentials, emotionally abused me, etc. Little $, please advise

    For 7 years I have been dealing with the adverse affects of his lies, his emotional abuse, his implying that he wanted to marry me in the beginning then changing his mind (after using the details I had told about my childhood to force on me the li...

    Liam’s Answer

    I would suggest a slightly different approach. What you are really talking about may well be malpractice rather than personal injury. Unfortunately, I do not practice in that area so I can provide no further thoughts.

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  • Who is responsible for paying for a funeral, the estate administrator or the person that signed the contract ?

    A friend of a decedent signed the funeral and burial contract agreement with the mortuary before an estate administrator was appointed in an intestate death situation. I've been informed by a non-legal source that the person who signed is responsi...

    Liam’s Answer

    The decedent's friend should make sure to present the bill and receipt to the administrator. If the administrator will not reimburse, then the friend should present those same documents to the Court.

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