In NYS court can a verified complaint on personal knowledge AND upon info and belief be evidence/affidavit at summary judgement?
Elizabeth's answer
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Answered on February 02, 2014
If the person who verified the complaint is still alive and available, that person should submit an affidavit as a part of the summary judgment...
Archived
In nys my landlord started charging an incremental fixed amount for water/sewer to the rent ... is it legal?
Elizabeth's answer
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Answered on February 02, 2014
Unless your tenancy is protected by the ETPA, your landlord (and you) are free to negotiate new terms in your new lease. If there is no new written...
Tenant or Roommate what makes them different? 20 People can live together as a family, ok but 5 woman can't share a home.? Why?
Elizabeth's answer
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Answered on February 02, 2014
You do not say who has told you that you CAN'T live with these roommates. Your town government may have passed an ordinance restricting occupancy....
Archived
Can i sue my landlord if i was a victim of a home invasion gone wrong i got shot multiple times when i refused to let them in
Elizabeth's answer
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Answered on February 02, 2014
As to whether she can evict you, you don't say whether you have a lease. If you have a lease, your being a crime victim is not a good reason for...
Archived
My landlords son is harrassing me. There's a order of protection in place do I need to still pay rent
Elizabeth's answer
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Answered on February 02, 2014
Your problems with the landlord's son are separate from your obligation to pay rent. It is a wise decision to move out, however. Good luck in...
Archived
Can a landlord rent out a basement apartment if the building is rent stabilized?
Elizabeth's answer
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Answered on February 01, 2014
The question is whether there is a certificate of occupancy for the basement apartment. You or your attorney should research this issue, so you...
Archived
Should my son wave his right to an appeal after a trial conviction?
Elizabeth's answer
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Answered on February 01, 2014
He should not waive his right to appeal. His current attorney may well have overlooked evidence or otherwise mishandled the case, not out of any...
Archived
Before the landlord's Motion for Discovery in a Petition Holdover case, can I ask for a Summary Judgment? If yes, how?
Elizabeth's answer
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Answered on February 01, 2014
You need a lawyer to assist you in this endeavor. The laws governing holdover proceedings are complex, and you need the advice of someone who...
Archived
What are my rights as a renting smoker (I KNOW its a nasty habit) in NYC condo? I SUBLET from owner, not mgmt co.
Elizabeth's answer
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Answered on February 01, 2014
Mr. Bianchi's advice is 100% correct. The only thing I would add is to suggest that you speak directly to your neighbors, to see if there is any...
Archived
I will rent a room in an apt. with another roommate and she holds the lease to the apt. Should I sign any legal documents?
Elizabeth's answer
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Answered on January 31, 2014
It is a very good idea to draw up an agreement between the two of you, covering the amount you will pay in rent, the way other bills (electricity,...
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