It has been almost 27 years since the passage of the Pet Law. This law has been very uselful in protecting pets and their owners. Pet owners should not be discouraged the “No Pet” clauses in their leases. Various laws, including the Pet Law, override these clauses in leases. Today on “Open” I discussed your right to keep your dog, cat etc. Tune in tonight to see the recablecast. David Lesch

Posted in Legal Blog

After meeting Comptroller Liu at the BronxNet studio this morning, I discussed one of the oldest legal doctrines in our country: the doctrine of “Nuisance”. Whether its noise, odors, or even a tree limb, you have the right to enjoy your real property. If a tenant is preventing your enjoyment, then head to Landlord/Tenant court to seek injunctive relief. The doctrine of “Nuisance” can be a tenant’s best friend. David Lesch

Posted in Legal Blog

I was recently asked to provide tips to be featured on the website: yourlegalguide.com
Here are my “Car Accident Tips” that were published by the website last week:

Car Accident TipsWhat to do — and what to avoid — in case of an accident
Every five seconds a motor vehicle accident occurs. These accidents kill more than forty thousand people and injuring millions more each year. The legal consequences of car accidents can be very serious. Criminal punishments may include revocation of the driver’s driving license, as well as jail time. Civil lawsuits for personal injury and wrongful death damages (including medical expenses, property damage, lost wages and pain and suffering) potentially involve substantial awards.

The outcome of your case can depend on your actions after the accident has occurred. “What you say, and the information you obtain right after an automobile accident, has a huge impact on your recovery,” says David P. Lesch, a lawyer at Lesch & Lesch PC in New York. According to Lesch, if you have been in a car accident the following actions can help ensure your rights are protected and increase the possibility for recovery:

DO Document the Accident Scene
Immediately following the accident, Lesch recommends calling 911 to report the matter to the police. If possible, write down the name, address, phone number and driver’s license numbers of all drivers; the names, addresses and phone numbers of all possible witnesses; and the other car’s make, year and license number. “Make sure to gather all insurance information as well — this is very important,” he adds. Finally, take pictures of the accident scene — preferably before the cars are moved.

DO NOT Discuss the Accident
“Don’t say anything that can be used against you in court at a later date,” Lesch tells Your Legal Guide. You should not discuss the accident with the other driver and you should be careful, but truthful, when speaking with the police, he adds.

“Do not discuss how the accident happened with any insurance adjusters or insurance investigators,” Lesch advises. They may try to tape record statements and/or get you to sign documents that may hurt your case — and you may not have even realized you gave consent for the conversation to be recorded!

DO Seek Medical Attention
Seek medical attention as soon as possible to ensure you are all right and to get treatment if you are not all right, cautions Lesch. Remember to “tell the ambulance driver all the parts of your body that are in pain and tell the emergency room doctor how your accident happened.” If you are feeling any pain, no matter how slight, it is better to be safe than sorry!

DO NOT Jump at the First Settlement Offer
It may be tempting to jump at the first settlement offer you get from the other side, but Lesch’s advice is to be patient. “Many times the first offer will stay on the table, and the further you are in the process the better the outcome will most likely be.” Lesch also warns Your Legal Guide readers to be cautious of attorneys who, in spite of a strong case, appear unwilling to go to trial and instead, push you to settle. “That lawyer may not be capable of trying your case.”

DO Be Cautious Of Car Accident Loans
Pre-settlement financial assistance can be particularly attractive when injuries, lost wages and other factors have left someone in a tenuous financial position. There is no shortage of lenders offering pre-settlement “loans” based on the merit of your case — not your credit history, income or other factors. Furthermore, there is no obligation to repay the lender unless you settle or win your case. However, Lesch advises to make sure you understand the consequences of this type of financial assistance. He says, “If you take out a car accident loan, your car accident case belongs to your lender and should only be considered as a last resort.”

DO Call an Attorney
According to Lesch, your first phone call (after 911) should be to a car accident lawyer. A personal injury attorney is best qualified to help protect your rights and interests throughout the entire legal process. He concludes, “If you have a question, do not be shy or embarrassed to ask.”

For more information contact a Car Accident lawyer today!

[Last revision: July 15, 2010

Posted in Legal Blog

After a few weeks off, it was time to get back to business. This morning on “Open”, my discussion of “tenant’s rights” moved from the lease itself to the apartment. The “Warranty yof Habitability” covers many areas: lead paint, security, repairs, and of course the basics such as heat and hot water. As a tenant you have rights. Make sure you document any violations of your warranty. In this way, when you are in housing court you will have a paper trail to show the judge. David Lesch

Posted in Legal Blog