Free Consultation: (518) 347-7174Tap to Call This Lawyer
Gary Lane

Gary Lane

  • Foreclosure Defense
  • New York
Rate This Lawyer
Badges
Claimed Lawyer ProfileQ&A
Summary

I am admitted to the practice of Law in New York and Connecticut. I provide FORECLOSURE DEFENSE to homeowners who are in jeopardy of losing their home due to Foreclosure. I will answer the Lender's lawsuit (Summons and Complaint) and navigate the legal proceedings for you. I may be able to obtain a Mortgage Modification if appropriate. Most of my practice is in the Counties of Albany, Rensselaer, Schenectady, Montgomery, Saratoga, Warren, Washington, Essex and Clinton Counties. I handle cases in the New York Capital Region and the "North Country."

Practice Area
  • Foreclosure Defense
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Very reasonable fees.
Jurisdictions Admitted to Practice
New York
Professional Associations
New York State Bar # 2385508
Member
Current
Legal Answers
7 Questions Answered

Q. Is it legal in NY to enforce an employee to take lunch outside the desk and at a specific time?
A: Generally, the employer may control the conditions of the workplace. An employer may require that lunch not be eaten at the desk in most usual cases, barring any handicap, reasonable accommodation. In terms of restroom accommodations, you would have to provide more information. Again, in the usual sense, it would not be an issue. If there are specific break times, that could factor into it, however, if you have to go, you have to go. But if you are going to the restroom every 10 minutes, the employer may take notice. You would have to provide more information as to these circumstances. If you are not on commission, you may be entitled to overtime, if you are an hourly worker and not salaried.
Q. HOW ABOUT IF MY JOB IS BEING OUTSOURCED REMOTELY IN NEW YORK,
A: New York is an Employment at Will state. That means you can be terminated for any reason as long as it is not for reasons prohibited by the law, such as certain types of discrimination. Unfortunately, Outsourcing takes jobs away. I do not see a cause of action against the employer or the outsourcing company. More and more jobs will be lost this way. One way to avoid being replaced by outsourcing is to have a job where they need a person there, such bus driving, law enforcement, etc. And years from now, who knows.... I am available for consultations. Best of luck!
Q. Injured back 2014 at job.received WC benefits for one year. returened to work 2days before,,having pain again.What to do
A: Best thing is to get a consultation with a Workers' Compensation attorney. If you had one in 2014, contact him/her. If not, Worker's Comp attorneys give free consultations. You need a Workers Comp expert.
Q. Should I sue a company that wrongfully terminated me I believe due to identity discrimination against the inclusive law?
A: You have a few issues going on. As to the alleged discrimination, you can file a claim yourself with the NYS Division of Human Rights or the NYC Division of Human Rights if the venue is NYC. The process is fairly straightforward. You can also file in civil Court, but that would be difficult without an attorney. You cannot do both at the same time, and if your case is dismissed by the governmental entities, you will be barred from bringing a case to Court, depending on the reason for the dismissal, and of course the statute of limitations by the time you want to file in Court. So, you really need to make a decision on that. Also, while there are Federal Laws, the protect Discrimination based on Sex, but not "Sexual Orientation." The NYS Human Rights Law does prohibit discrimination based on sexual orientation. And again, you can go to the NYS Division of Human Rights or sue in civil Court. While I am not as familiar with the New York City issues, as I am located Upstate, the NYC Division of Human Rights does appear to provide better outcomes for the employee. Check with an attorney - no reason you could not get a free consultation. As for the Unemployment Insurance, you would get Unemployment Insurance as long as the firing is not for "Cause,"(misconduct). So make sure to file and if it is denied, show up for your hearings.
Q. If someone files a civil case against you and your name is not correct do you need to respond to said case?
A: Assuming they have the right person, but they have your name wrong, yes you should answer, or you can be in default. You can assert a defense in your answer as to the name if it constitutes a defense. Perhaps the name is one of the issues. But do not default.
Q. Is it bad faith if I registered a domain name I let expire years ago when it became available again?
A: Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.
Q. Legal protection from mentally ill family member that makes false accusations/charges
A: Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this behavior. My thinking is, that you can deal with the hospital, informally; by letter; or even with legal action. I am located in Schenectady County.
Click here to see all answers
Contact & Map
PO Box 6018
Schenectady, NY 12306
USA
Telephone: (518) 347-7174