Most Recent Q & A |
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Q. I rent an apartment and have renters insurance. Hot coals from my BBQ burned a hole through my roof to the business below me whom I rent from. -- Anonymous A. Your lease determines your liability, and you do not provide its terms with respect to such damage. Normally, the tenant of real property has a duty not to harm the premises, other than reasonable wear and tear -- which this is not. So, generally speaking, you should expect to pay for this loss. Whether your renter's policy covers the loss depends on the policy's provisions, which you likewise do not provide, -- Hilary B. Miller
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Q. Can I receive Survivor Spouse benefits under Common law status in nyc. We were both born in South Carolina and have three adult children together. -- Anonymous A. New York law does not allow parties to contract a common-law marriage. However, if you validly contracted a common-law marriage elsewhere, either before or during your New York residency, you may have a valid common-law marriage. You do not provide enough facts from which it can be determined whether you contracted a common-law marriage elsewhere. The facts that you were born in another state, or had multiple children with your deceased partner, or were named as a beneficiary under a life insurance or pension, are all insufficient to constitute a "marriage." For you to have been "married" under the laws of a state other than New York, you must, most importantly, have held yourselves out as being married. Those facts are not evident from your inquiry. -- Hilary B. Miller
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Q. Warrtanty on my car motor. -- Anonymous A. It sounds as if you have a valid breach-of-warranty claim. You can consider pursuing this claim in small claims court. -- Hilary B. Miller
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Q. Please explain the clause below. -- Anonymous A. This looks like non-US language -- we don't use this kind of terminology in modern US credit agreements. Essentially, it means that the lender may: (a) sell the loan, or an interest in the loan, to someone else; and (b) the lender may waive or extend any of the terms of the loan, or may release any guarantor -- in any case without being deemed to have given up its right to collect. -- Hilary B. Miller
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Q. I work at a refinery with strict safety rule. Have worked at refineries for 27 years and never been hurt or injured. Yestrrday I got acid on me. -- Anonymous A. Your employer maintains insurance, which is required by law, for precisely such occurrences. In the event that further issues ensue, such as infection or scarring which requires plastic surgery, you want to make sure that you are covered. It would be extremely unusual for an employee -- particularly a long-term older employee -- to be discharged for following the prescribed procedure for an on-the-job injury. -- Hilary B. Miller
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Q. I want to know if it would be possible to write a report for a academic journel about an individual named Christian Weston Chandler? -- Anonymous A. As a general matter, the First Amendment guarantees your right to write truthful statements about another person and to publish them. While there are certain limitations on this right when your work is being used for advertising or trade purposes, writing an academic article about a person who appears to be something of a public figure involves relatively low risk. -- Hilary B. Miller
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Q. How long do I have to wait for a divorce under adultry -- Anonymous A. Three months. -- Hilary B. Miller
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Q. I own a third of a company. There is a serious dispute among the partners. Is it possible for me to force the dissolution? -- David Rockwell A. You do not specify what kind of "company" you own a portion of, or under the laws of what state it is organized. You also do not specify whether you are a party to an operating or stockholders' agreement governing withdrawing owners. This information is necessary to an evaluation of your claims. -- Hilary B. Miller
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Q. Who would I see about this? Bankruptcy discharged 02/2010, current on 1st, problems staying current on 2nd, what happens if I stop paying the 2nd? -- Anonymous A. I'm not sure which question you want answered, but if you don't make the required payments on your 2nd mortgage, then they will likely seek to foreclose on your property. If you did not reaffirm the debt in your bankruptcy case (and it would be unlikely or unwise for you to have), then you have no further monetary obligation on that loan, so if they foreclose, that's the end of your obligation. As for which type of attorney to speak to about the issues regarding what the 1st mortgage will do vs. the 2nd mortgage, etc, you need a real estate attorney for that. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter: @bklawr -- Mark J. Markus
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Q. I would like to find out options of filing for bankruptcy for my credit card loans and student loan debt. -- natashia Fernandes A. You can file bankruptcy against your credit cards and eliminate those but not your student loans, student loans can not be discharged in bankruptcy except in very rare situations which it does not sound like you would qualify for. Go take the time to go meet with a local bankruptcy attorney to discuss your situation in detail. -- Kevin Cortright
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