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If a lawyer is late to his deposition, can a deponent leave & not be sanctioned in NYC?: Deponent just left lawyer's office after lawyer wasn't on time for a scheduled deposition. Since the deponent complied with the judge's order by being at the lawyer's office at the scheduled time for the deposition, can the deponent be sanctioned for leaving because the lawyer who was to give the deposition wasn't punctual, particularly after that same attorney failed to appear at a court hearing in a related case recently in which he filed a motion?

Asked 12 months ago in Litigation

Gene’s answer: I agree with all the answer given thus far, but wish to add a few points.

1. The amount of delay is not mentioned here. I have attended many depositions where attorneys are late. As a courtesy, I usually wait 15 minutes before I have my office contact his/her attorney's office to see if he/she is on their way. If they are, I usually wait up to an hour after the scheduled time before "busting" the deposition. Scheduling conflicts, emergencies, subway / travel delays are part of the human condition - unfortunately they happen

2. Sanctions are EXTREMELY hard to obtain in New York State Courts. If this is a Federal matter, you may have some more of a chance. The answer depends on the Court you are in.

3. An attorney's failure to appear in a related matter will have little to no bearing on your matter.

Best of luck.

Answered 11 months ago.

I am 2 months behind on my rent, and think that my landlord is going to try to evict me. What is the process?: Lost job, and have medical issues. My roomate lost his job and moved out. Completely broke at the moment. Waiting on a settlement from a recent car accident. My rent is 3434.00 which is really high for the space. Because i signed a loft lease my landlord jacked my rent from 2600.00 to 3200.00.

Asked over 8 years ago in Landlord & Tenant

Gene’s answer: Landlord-Tenant matters are handled very quickly, so remember that time is not on your side. Before all else, consult a Landlord-Tenant Attorney. But if you insist on handling matters yourself, Here's what you can do:

First, consult your copy of the Lease and read about "Default". If you're not yet in default, contact your Landlord and see if you can come to some alternative arrangement for rent.

The eviction process in NYC follows this process:

(1) Upon default, you will receive a "Five Day Notice", which is a final demand for outstanding rent before going to court. If matters aren't resolved at this stage, the landlord may

(2) file a Petition in Civil Court for non-payment. The Petition may not say much - just stating the reason for the Petition (in this case, non-payment) and a list of outstanding rent due. At this point, you will be required to

(3) Answer the Petition. In Civil Court, you can (a) go to the Civil Court Clerk and answer verbally (b) go to the Civil Court Clerk and answer in writing on a form provided to you, or (c) consult an attorney, who will file an Answer on your behalf with the Court. A lot of people make the mistake of not answering the petition at all - ANSWER IT. If you don't, you expose yourself to a default judgment for eviction - even if you and the landlord are in negotiations. Upon filing an Answer, the Clerk will assign a Court date.

(4) At the Court appearance, you will meet with the Landlord and/or his Attorney to negotiate a settlement. You may also meet with the Judge's Clerk and/or the Judge to see if something can be worked out between the parties. If no settlement is reached, both sides will come to an agreement for a trial date.

(5) At the trial, both sides will present their cases to the Judge, and the Judge will render a decision. If the Judge rules for an eviction, a warrant will be ordered, and the Sherriff will send a notice to the premises stating when to expect them to enforce the eviction order.

The whole process may only take a few weeks, but as you can see, there are numerous opportunities to contact the landlord - before the proceeding, in the courtroom, in between court appearances, etc. Take advantage of these moments and try to settle matters. The best recommendation I can give you is to consult an attorney that handles Landlord-Tenant matters.

Answered over 8 years ago.

What laws do I need to be aware of that would allow me to successfully run against a nominating committee slate of officers?: This Ohio based not-for-profit uses a nominating committee to produce a slate of officers for their elections -- hence, shareholders have only single candidates to vote on, and a fair and open election can not be assured. Their nominees receive multiple instances of free publicity, and even if candidates have announced they are running for office, because they are not members of the 'slate,' their names will not appear on a ballot, nor in the official election guide issued to all.

Are Ohio State corporate election laws being violated? What about member rights? Can an organization maintain it's not-for-profit status with these types of procedures?

Asked over 8 years ago in Civil Rights

Gene’s answer: When reading this answer, please note that I am an attorney licensed in NY, and advise you to consult an attorney licensed to practice in OH for a clearer answer regarding that state's laws.

Typically, non-profit voting procedures are governed by their organizing documents (articles of incorporation, bylaws, etc.). In their organizing documents, you should be able to find specific answers t your questions. Some member organizations have a nominating committee nominate a slate, and then accept nominations "from the floor". Some restrict nominations from the floor to those who obtains a set amount of member signatures and present them timely to the Board of Directors in order to be included on the ballot. Each organization is diferent, so if you're a member, you can probably request a copy of their bylaws for clarification.

State election laws usually only govern public elections, so they are most likely the wrong place to look. Check out the state's not-for-profit incorporation / organization law (in NY, it's the Not For Profit Corporation Law) for the "default" rules that apply to all not-for-profits.

Finally, when discussing, not-for-profit status, be a little careful in clarifying what you mean. Do you mean tax-exempt status? That status is governed by the Internal revenue Code, and the Dept. of Treasury's rules and regulations. The company is set up as "not-for-profit" if the purpose of the company is not to make money, but to further some other purpose, and its setup is governed by state law. Think about it further and feel free to get back to all of us on Avvo with what you meant.

Answered over 8 years ago.