Law Office of Yuriy Moshes, P.C.

Understanding Labor Practices: What Employers Need To Be Aware Of Labor laws for both unions and employers are governed by the National Labor Relations Act. Any... action by either the union or employer that violates the Act can result in claims being brought on behalf of the employee. This article shall address what the National Labor Relations Act is, how it protects against unfair labor practices, address understanding labor practices through an understanding of labor practices through this worksheet, illustrate various examples of real-life unfair labor practices assess each unfair labor example, and then talk about the importance of an employment law attorney and how they can help you if your employer discriminates against you. See more

"Thank you to Yuriy and his team for helping us close on the sale of our condo and then the purchase of our house. " says bari

Remembering Martin Luther King, Jr. Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness. -MLK On Monday January 18, 2021, our nation celebrates and remembers Martin Luther King Jr. A humanitarian who helped strive for Civil Rights for African Americans, and others alike. Martin Luther King Jr.’s efforts and ultimate sacrifice helped achieve better equality for all minorities and people of color in t...he U.S. His efforts set the tone for the igniting spark for Civil Rights for not only African Americans, but also Latinos, Hispanics, Native American, Asian Americans, and Women all across the United States. In fact, as a result of the Civil Rights movement from the 1960s, the Civil Rights Act of 1964 was passed which specifically prohibits discrimination based on race, color, religion, sex, national origin, and later sexual orientation and gender identity. As America tries to grapple with the often heated and extremely divided politics that has come of light in recent years, Martin Luther King Jr.’s voice advocating for equality amongst all people and races still holds true today just as it did when Martin Luther King was shot and killed on April 4, 1968. With so much turmoil in the news from 2020, whether its COVID-19 devastating jobs and the economy, protesting and looting in the streets, to the most recent storming of the Capitol, this January 18, 2021, please take a little time of your day to reflect and think about what ideals Martin Luther King Jr. was trying to place in American society, and the importance of Civil Rights not just for minorities, but for all Americans. We may all have come from different ships, but we’re in the same boat now. -MLK

Updated class photo :)

New Federal Law Discourages LLC Anonymity In High End NY Real Estate Purchases In a recent passage of federal legislation by Congress, on January 1, 2021, the National Defense Authorization Act was passed, allowing for the Treasury Department to maintain and monitor a database of the owners of beneficial businesses, including Limited Liability Companies, or LLCs. Beneficial Owners are the true owners of a business. Oftentimes, limited liability companies will be formed a...s a shield to mask or shroud the identity of the true owners of a business. This is commonly done by international criminal organizations as a way to launder their money. Oftentimes, these criminal organizations would purchase high end Manhattan real estate and pay the entire property off using cash, rather than take out a mortgage. This method of payment and of purchasing property has traditionally been a very common method to launder money. Moreover, with LLCs purchasing the property instead of the actual owners, the LLCs could mask the identity of the true owners of the purchase. However, now, with the introduction of the National Defense Authorization Act, those identities can not be tracked and compiled in a national database. In 2018, Manhattan District Attorney Cyrus Vance, Jr. proposed a database of beneficial owners similar to the one just enacted by Congress. All too frequently, an anonymous incorporation record spells the end of the road for our investigations, Vance said. We routinely collaborate with foreign law enforcement agencies to shut down cross-border threats. It is detrimental to these partnerships, and frankly embarrassing, when we have to tell international law enforcement that we can’t assist them in taking down U.S.-incorporated criminal enterprises, because information about the owners of entities formed in our states is beyond our reach. What is your opinion of this new piece of legislation? Do you think people purchasing property are entitled to maintain their secrecy, or do you think everything should be of public record? Yuriy Moshes Igor Iggy Lipkin Gennady Litvin

10 Examples of Disability Discrimination in the Workplace The Americans with Disabilities Act (ADA) protects Americans against disability discrimination in the workplace cases. It protects you against any kind of past, current, or perceived disability on a federal level. ADA defines disability as any of the following:... -Any physical or mental impairment that substantially limits any of the major life activities, such as talking, seeing, listening, working, walking, caring for yourself, and so on (current disability) -Having a record of such an impairment (past disability) or -Being regarded by others as a person with a disability, such as facial scars, having some kind of illness, and so on (perceived disability). Whatever your disability is, no one is allowed to treat you worse because of that. Yet, many Americans, and maybe you, still face violations due to their disabilities. If you are in such a situation, it is important to talk to a New York employment lawyer as soon as possible to make sure that you have been discriminated against and to learn what action you should take next to remove the discrimination and possibly be compensated for that. If you are still wondering if you should do something or not, here are 10 disability discrimination in the workplace examples to give you a better picture of what disability discrimination is, how ADA protects you. If you find yourself in any situation described below or any other situation that could make a court case of disability discrimination, call the New York employment attorneys at the Law Office of Yuriy Moshes to discuss your options. The initial consultation is free. https://mosheslaw.com/disability-discrimination-in-the-wor/

Fired For No Reason In New York You may have experienced this yourself. An employer fired you for no reason, leaving you wondering why you even deserved to be ...fired. It wasn’t your performance. You were never late and always on time. What could the reason be? Why were you fired without cause? New York is an employment-at-will state. This means that you can be fired for no reason or any reason whatsoever. It also means that you could be terminated for really bad reasons too. Surprisingly, most forms of discrimination are legal in New York. This means that you could be fired for having blonde hair. You could be fired for being too fat or too skinny (as long as your condition is not a disability). You could be fired for being too short or too tall (again, as long as your condition is not a disability). You could be fired for liking a certain movie or tv show that that the employer disagrees with. That is bad news. The good news, however, is that not all reasons for firing someone are legal or permissible. There are some reasons that are definitely illegal if you are fired. Accordingly, if you do find yourself being terminated, and you suspect that the real reason is due to one of these reasons, you have a right to file an action against your employer for money damages. This article shall address some of the illegal reasons to fire someone

NYC Real Estate May Be Gotten At A Steal In 2021 For the price of almost, but not quite, a song, real estate in 2021 may be cheaper than you’d think. So if you're in the market, 2021 may be a good year for a bargain if you’re looking for luxury homes in NYC. According to Jonathan Miller, president and chief executive officer of Miller Samuel appraisers, people are not moving out of the city anymore in favor of the suburbs. The mass exodus out of the city due to COVID is sta...rting to thin out, and those that have remained want to continue to remain in NYC. In fact, Brooklyn continues to be a hub of real estate growth. Many people are still moving to Brooklyn. The median price for luxury home sales in the fourth quarter in Brooklyn is expected to be up 5.5% year-over-year, according to UrbanDigs data. According to John Walkup, COO and co-founder of UrbanDigs, A lot of it has to do with the lower price point, says Walkup. A million dollars buys you a bit more space, or a Zoom room, and once you get into that luxury sector, that value grows quite a bit. Since Brooklyn’s real estate grew in 2020, but Manhattan’s real estate growth remained stagnant, many sellers have been dropping their prices. According to Jonathan Miller, I think in 2021 we’ll see a continued drop in price trends. Accordingly, many analysts and trend-watchers have predicted that 2021 will be the best time to strike a deal. With NYC real estate in the lurches in 2020, sellers have been left with no choice but to reduce their asking price and lower their purchase price. Many corporations plan on swooping in and purchasing the cheaper property in 2021. Are you planning on purchasing or selling your home in 2021? What are your reasons for doing so? We would like to hear from you.

Refinancing Your House? How a CEMA or Consolidation, Extension, & Modification Agreement Can Help If you’re fortunate enough to be a resident of the great state of New York, then refinancing your home doesn’t have to be as expensive and difficult as it normally is. Whereas most purchasers in the U.S. have to pay the full value of closing costs consisting of loan origination fees, appraisal charges, and credit report costs, buyers of New York are able to save money under CEMA, which stands for Consolidation, Extension, and Modification Agreement. https://mosheslaw.com/cema-mortgage/

What Constitutes an Adverse Employment Action in the Context of FMLA Retaliation Claims? Forrest Gump famously compared life to a box of chocolates, and he is right that you never know what may happen. Life has a bad habit of interrupting your perfect plans at the wrong times. For this reason, the federal government allows all qualified employees to take leave for a qualifying reason to be discussed further below. If you have experienced unlawful retaliation, you should con...tact an attorney to discuss your possible legal claim for unpaid leave under the Family and Medical Leave Act (FMLA). The FMLA also makes it illegal to retaliate against an employee for taking leave pursuant to the FMLA. If you have experienced unlawful retaliation, you should get Employment Lawyers NYC free consultation to discuss your possible legal claim. Under federal law, an employer commits unlawful FMLA retaliation when it takes an adverse employment action against an employee in retaliation for taking FMLA leave. This article seeks to explain an adverse action in the FMLA retaliation context and explain how you can bring an FMLA retaliation claim if you have experienced retaliation. https://mosheslaw.com/constitutes-adverse-employment-actio/

NY Tenants Protected, But Landlords Have No Relief Although any tenant living in New York cannot be evicted by the courts due to the Governor’s COVID-19 morator...ium, which was extended through 01/01/21 and which prohibits any landlord from proceeding with any eviction in the court system, the landlords, on the other hand, have no such relief. As a result, with thousands of tenants either refusing or unable to pay rent, landlords have suffered being unable to meet their own obligations, such as paying water and sewage fees, as well as property taxes. Theoretically, despite the existence of relief programs made available to the tenants by which funds are made available to the tenants for the payment of rent, thousands of tenants have either not applied or do not qualify for such relief, leaving many tenants almost in the same boat as the tenants with not having a penny to their name. According to Rent Stabilization Association president Joe Strasburg, If the City Council doesn’t end tax liens, the housing crisis of the 1980s will pale in comparison and no one will be spared. Moreover, New York’s property-tax base, the city’s top revenue producer, will come crumbling down. The fear is that without any such maintenance by the landlords, the buildings will fall into a state of decay, causing even more problems to the tenants and the City. Without the money to maintain the buildings, the city will fall into disrepair. The only thing stopping the landlords from being foreclosed on is that the Governor’s moratorium is prohibiting foreclosures as well. Are you a landlord who has tenants not paying any rent? How have you been coping? Or are you a landlord who is fortunate enough to have their tenants paying? If so, how have you been able to do so? We would like to hear all of your stories.

Social Security Disability Surveillance, Disability Surveillance Tactics, and Importance Of a Long Term Disability Insurance Lawyer If you’ve applied for social... security disability, whether it is for SSI or SSDI benefits, or if you are currently receiving social security disability benefits, it is important to be aware that the social security administration can revoke those social security disability benefits and take them away from you if they feel that you either do not qualify or no longer fit the criteria or definition of being disabled. The social security administration can do this a number of ways, but one of the main ways they do this is through video surveillance. Accordingly, it is important to understand just what social security disability surveillance is, disability surveillance tactics, how it can potentially affect you, what to do if your benefits are being threatened due to such surveillance video, and the importance of a long term disability insurance lawyer. https://mosheslaw.com/social-security-disability-surveilla/

New York Real Estate Property Laws: Buying or Selling a House or Property in New York State New York has some of the country’s most unique real estate laws when it comes to both buying and selling property, particularly if you are planning on buying a co-op or condo. Accordingly, being familiar with New York’s real estate laws and how to buy real estate in NYC is the best plan for you if you are in the process of buying or selling a home. https://mosheslaw.com/ny-real-estate-law/

NY Governor Eviction Moratorium Extended To Jan On March 7, 2020, NY Governor Cuomo declared New York a state of national emergency and on March 20, 2020, order...ed that all residential and commercial evictions and foreclosure proceedings be halted, meaning that no tenant could be evicted by a landlord or bank or mortgage company while the COVID-19 pandemic continues. Despite decreases in COVID-19 cases throughout the State, particularly New York City, as of October 2020, this order has now been extended to January 1, 2021. "The health and economic impacts of this pandemic have been devastating, and we are continuing to do everything we can to support people who are suffering," Governor Cuomo said. "We are going to extend the commercial eviction and foreclosure moratorium through January 1st. That will now align with our residential eviction moratorium so they are both extended to the same date." Although this provides relief to tenants, as expected, many landlords are not happy. With many tenants being unable to pay rent since the start of the pandemic, many landlords have no money coming in either. In response, various relief packages have been established for both tenants and landlords; however, not all applicants have been accepted and being accepted into the program is not guaranteed. The moratorium, however, does not mean that tenants are unable to be evicted entirely. If the landlord is able to prove that the tenant needs to be evicted due to destruction of property, health and safety violations, or code violations, the tenant may still then be evicted, despite the Governor’s Moratorium in place till January 1, 2021. Are you a tenant who is currently facing eviction proceedings from your landlord? Or are you a landlord who feels that you may have a case against your tenant despite the Governor’s Moratorium? We would like to hear from all of you.

What to Do When Your Signature Was Forged On a Loan Modification A loan modification is a change made to the terms of an existing loan by a lender, such as a bank or mortgage company. It may involve a reduction in the interest rate, an extension of the length of time for repayment, a different type of loan, or a combination of all three. If you find yourself a victim of forgery in that your signature was forged on a loan modification, that forgery is considered automatic frau...d and you are not legally bound by that agreement. Although one would like that the problem would end as simply as that, the problem, however, is proving that your signature on the document is not your own and that you had nothing to do with the loan modification that was allegedly signed by you. If you are unable to prove that the loan modification was a forgery, you unfortunately will be stuck with a loan modification that you had nothing to do with and in all likelihood that you have no ability to pay off. https://mosheslaw.com/forged-signature-on-loan-modification/ See more

"We were in the process of selling our home during this COVID-19 pandemic, and enlisted the services of The Law Office of Yuriy Moshes, P.C. based on their real estate experience. The service they provided was all inclusive, including drafting and reviewing the contract, ensuring the mortgage payoff statement, and title and transfer paperwork were prepared correctly. Moshes Law Office handled all aspects of our home.." says Cecil on Google

How Does Unemployment Work in New York? [2020 Update] If you have suffered unlawful termination in the workplace, you can begin to protect your rights by arranging a workplace discrimination lawyer free consultation about the incident. As experienced employment lawyers, we can share our knowledge. If you need to apply for unemployment in NY follow these steps:... -Sign in with your NY.GOV ID. -Follow the instructions to file a claim. -Submit your application. -The Department of Labor will evaluate your claim for UI benefits and decide if you qualify. https://mosheslaw.com/how-does-unemployment-work-in-new-york

CT And NY Foreclosure Rates At All Time Low Despite COVID-19 devastating the economy of both New York, Connecticut, and the entire nation, recorded foreclosure ...rates in both New York and Connecticut for the third quarter remain at an all time low. According to information released by ATTOM Data Solutions, there were only 1,193 foreclosures during the third quarter in New York, which represents roughly one foreclosure for every 6,946 homes. Although this figure represents a 68.74% increase from the second quarter, it is still a 86.35% year-over-year decline. In fact, New York’s pre-recession foreclosure average was 8,831, which is an 86% decrease from that level. In the adjacent state, there were only 322 foreclosures during the third quarter in Connecticut, which represents roughly one foreclosure for every 4,697 homes. This figure represents a 33.74% decline from the second quarter and an 85.56% drop from the third quarter of 2019. Connecticut’s pre-recession foreclosure average was 2,445, which is an 87% decrease from that level. What is the cause for these low foreclosure rates? Mortgage forbearance programs. According to Rick Sharga, executive vice president of RealtyTrac, an ATTOM Data company, "Foreclosure activity has, for all intents and purposes, ground to a halt due to moratoria put in place by the federal, state and local governments and the mortgage forbearance program initiated by the CARES Act. According to Sharga, it’s important to remember that the numbers we’re seeing today are artificially low, even as the number of seriously delinquent loans continues to increase, and that we’ll see a significant and probably quite sudden burst of foreclosure activity once these various government programs expire. Are you currently considering mortgage forbearance or have you already gone through the application process and are currently reaping its benefits? We would like to hear your experiences and story.

Knowing Your Rights Regarding Workplace Social Media Policies There’s no mistake about it. Social media is a permanent fixture of not only New York City’s social fabric, but of the world’s. Everywhere you turn, everybody, young and old, are using social media to communicate, learn, entertain themselves, advertise, and express themselves. Everybody has a cellular phone now, which means everybody finds themselves turning to social media, both on and off the clock. However, usin...g social media at work could draw criticism from your employer. Not all posts have free reign and your employer has certain rights too when it comes to employees using social media while on the job. This article shall address social media rules for employees and social media use in the workplace. https://mosheslaw.com/knowing-your-rights-regarding-workpl/ See more

NY Quit Claim Deed and What You Need to Know If you live in New York and are trying to transfer real estate property from one person to another person, through gift or court order, but not necessarily via a sale, then generally a quit claim deed is probably the best vehicle to do so. A quit claim deed is a relatively easy method in New York to transfer title of property. Quitclaim deeds are most commonly used when property is transferred without a traditional sale. https://mosheslaw.com/quit-claim-deed-ny

Manhattan Real Estate Property Sales Remain Stagnant Despite Brooklyn property sales soaring at an all time high, sales in Manhattan are barely inching along. ...According to Avision Young, a global commercial real estate company, there were only 21 commercial real estate transactions in the borough in the third quarter of 2020, which is the lowest number of deals recorded since the third quarter of the Great Recession of 2009. Furthermore, of these 21 real estate transactions, most, if not all, were undervalue. In July of this year, Savanna purchased 1375 Broadway for $435 million from Westbrook Partners, and RFR Realty purchased 522 Fifth Avenue from Morgan Stanley for $350 million. Both of these deals were under contract prior to COVID-19 hitting New York City. In total, sales volume in Manhattan in the third quarter declined to $1.1 billion, which represents a 74 percent decline from 2019. In fact, pretty much all sales in Manhattan have remained sluggish. In the multifamily market, there were only nine sales in the third quarter, which totaled $121 million, representing an 82 percent decrease from 2019. Development sales totaled $141 million, representing a 56 percent decrease from 2019. Lastly, retail sales only had one transaction during the quarter, representing a $1.5 millions property sold in foreclosure. In addition to the COVID-19 pandemic, one of the chief reasons for this slow trend in sales in Manhattan has to do with the sales price of the properties, which has not changed much since COVID-19. With prices in Brooklyn being much lower, people have naturally gravitated toward that area. The question remains, will Manhattan ever recover? And if so, how? What is your opinion for the cause of why Manhattan properties are not selling while Brooklyn sales are selling like hot cakes? And are you considering moving and buying a new home? We would like to hear your story.

Understanding Product Liability Claims/Product Liability Cases and the Importance of a Defective Product Attorney When you purchase a product at a store or even online, you assume that what you’ve purchased is safe and that no injury will result from it. You assume that the product has been tested by top notch professionals or your assume that the product has been approved by a federal or state regulatory agency and that the product is safe for the public. That, unfortunately, is not always the case and defective products do indeed can cause injury or harm to either yourself or loved ones. When this happens, it is important to understand your rights, the nature of a defective product claim, and how to proceed with a defective injury claim. This article shall address. https://mosheslaw.com/understanding-product-liability-clai/