Ex-CTLawyer

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  • in reply to: attention all "jewish democrats" #1143638
    Ex-CTLawyer
    Participant

    nfgo3

    Part of the function of this forum is to educate its participants, that’s why I pick nits when it comes to nomenclature and facts.

    A caucus is different than a primary. Most states have primaries.

    Suspending a campaign is not the same thing has dropping out of the race (which likely will occur). The campaign committee can still raise funds, advertise, etc and is dormant but could be resurrected should the Republican Convention be deadlocked and decide that Bush would be a better compromise candidate than the leading 3.

    It also keeps the time requirements for reporting at the the longest legal length.

    I just came back from a Democratic multi-town committee meeting here in CT. Our current State Senator (from a neighboring highly minority city) asked that we hold a fundraiser in our town next month as he/she would not be facing a primary. The senator was told we’d consider it. After the Senator left the room, a potential candidate who had suspended his run for the nomination 6 weeks ago presented enough petitions to force a primary.

    Strange things happen in American politics. The Chicago papers published Dewey defeating Truman in 1948……………..

    in reply to: SEMINARY LETTERS #1138611
    Ex-CTLawyer
    Participant

    Flatbusher…………….

    what high schooler takes out a loan? Anyone of them that applies to a seminary that will be giving college credit in an arrangement with a college in the USA.

    15 Years ago when my eldest daughter wanted to spend a year in an Israeli Seminary, she was courted by one who offered college credit in conjunction with Cape Cod Community College. She was told she could fill out a FAFSA form and qualify for subsidized Stafford student loans, as well as Pell grants, etc.

    She ended up not applying to that Seminary. She went to one in the USA and I sent her for the summer to stay with my sister and same age daughter in EY. BUT, other friends of hers did take the student loans to cover the year in Seminary.

    Similarly, boys take the students loans coming out of high school to cover a year learning in EY at a Yeshiva that grants college credits through Touro.

    in reply to: attention all "jewish democrats" #1143633
    Ex-CTLawyer
    Participant

    nfgo3

    Wish you’d get your facts straight.

    The Republicans had their South Carolina primary this week. This thread is addressed to Democrats who will hold their South Carolina Primary Feb. 27th.

    There was no primary in Nevada. The Democratic Party held caucuses in Nevada this week.

    As I posted above. Jeb Bush will be on the ballot in the CT Republican primary. Just because he announced he was suspending his campaign doesn’t take him off the ballot. Should he win any delegates, they will be his to horse-trade at the national convention this summer.

    That said, the Republican Presidential wannabes are quite lacking in what it takes to lead this country

    in reply to: CRUZ: Canadian President? #1138268
    Ex-CTLawyer
    Participant

    Joseph you have just repeated what I stated in my reply to DY 7 hours ago

    in reply to: CRUZ: Canadian President? #1138265
    Ex-CTLawyer
    Participant

    AviK

    Military law applies on the base for members of the military. They subject themselves to it when they are sworn onto service. Military law doesn’t apply to local civilian employees on the base. They are subject to local laws and courts.

    The military mail APO/FPO addresses are for the convenience of the military, not the foreign government.

    An analogy might be made with Indian Reservations here in the US. Having 2 major casinos on Indian land (Foxwoods and Mohegan Sun) right here in Connecticut the topic comes up often. If you slip and fall while visiting the casino you have to sue in the tribal courts, not state courts. Your entry is considered consent to jurisdiction. Employees (mostly non-tribal members) are not covered by state wage and labor laws. However the land is still part of the sovereign United States, not the tribe. The tribes cannot erect customs and immigration checkpoints and/or negotiate treaties with other nations.

    AS for standing, I do not pretend to know enough Illinois state law to expound on their requirements for standing. They may be far different than the federal court requirements. Without reading the suit one does not know the exact claim being made to exclude Cruz from the primary ballot. This case has nothing to do with the national election in November.

    in reply to: CRUZ: Canadian President? #1138263
    Ex-CTLawyer
    Participant

    DassYochid………….

    In legalese, ‘issue’ has a meaning that may be different from what you mean when you write issue.

    When you write that it doesn’t seem logical, I think you mean that lack of logic is a concern of yours.

    There are things that bother or concern me as well, but does noit mean they rise to the status of a legal ‘issue.’

    Unfortunately, the English language is not precise. Different words have different meanings and interpretations in different places and contexts.

    Unlike the French, we have no Academie Francaise, the final arbiter on word meaning and what is permitted to enter the dictionary.

    in reply to: CRUZ: Canadian President? #1138261
    Ex-CTLawyer
    Participant

    Joseph…

    How can you decide if the Plaintiff(s) in the current Illinois case have no standing?

    Have you read the actual suit? Have you read the assorted 8 year old McCain suits that never went to trial?

    A suit that is dismissed does not mean a verdict was rendered in favor of McCain and that he was ruled a native born son.

    In none of my comments do I state that Cruz is NOT a native born son. I think under the law as interpreted by the courts until this date he is a native born son.

    in reply to: CRUZ: Canadian President? #1138259
    Ex-CTLawyer
    Participant

    AviK

    The fact that the free dictionary states that the land used as a military base is considered a form of territory doesn’t make it sovereign soil. In most cases it is leased for exclusive use by the military and the lessor has agreed that the lessee may govern what goes on withing the leased premises. This is quite different from sovereign soil.

    In your reading of the section of Article 22 regarding entry by the host country: In many cases the US leases the embassy premises. The land is not owned by the US and cannot be US sovereign soil. Many countries do not allow foreigner to hold title to land in their own names.

    The important point is that military bases, embassies and consulates are not sovereign US soil although they have special rights.

    in reply to: CRUZ: Canadian President? #1138255
    Ex-CTLawyer
    Participant

    DasYochid…

    The point you are missing is that primary elections are to elect delegates to the national political party conventions. While you may cast your primary vote for X, you are not voting for X. You are instructing your state party political convention to appoint/elect delegates to the national convention who pledge to vote for X on the first ballot.

    Since state party rules vary, as do state election laws, the federal government doesn’t get to set rules for primary elections. Sometimes, the state supporters of a particular candidate don’t gather enough petition signatures to get X on the ballot. The federal government can’t tell states how many signatures are necessary.

    The primary elections are state affairs, no federal official is being elected, in fact, no public office is being decided.

    The states’ rights in this matter are sovereign under the 10th Amendment.

    The fact that is doesn’t seem logical is not the issue.

    MAYBE….if we ever amend the US Constitution to have direct election of the President, then we could have a primary process under federal rules.

    Remember, you and no other elector has ever cast a vote in November for a candidate for US President. We vote for a members of the Electoral College tp be named later that will vote for the President. This is why we can end up with a President who lost the popular vote. The will of the poeple does not decide the Presidency in the USA.

    in reply to: CRUZ: Canadian President? #1138253
    Ex-CTLawyer
    Participant

    Joseph…..

    A suit that was dismissed has no bearing on the current anti-Cruz candidacy suits filed in state courts. Stare Decisis–the court has ruled…only is applied to cases where courts have made decisions and the decisions will be followed by other courts.

    Furthermore, the question in the two candidates’ cases is substantially different.

    In the Illinois suit re: Cruz, it is asked if the child of a US citizen mother residing full time in Canada at the time of birth is a native born citizen?

    The question in McCain suits was: is the child of 2 US citizens, one an active duty military officer, born in the Panama Canal Zone, territory leased to the USA a native born citizen.

    While somewhat similar in nature, in that ‘native born citizen’ has never been fully defined by the courts, the circumstances of birth are different. Military personnel do not always get to choose where they are deployed. Cruz’s mother left the USA by choice.

    Personally I do not care if Cruz is on the primary ballots. CT does not allow crossover voting, and as I am not a registered Republican I could not vote for him in the CT primary (his name is on the ballor an d no suit has been filed to remove it).

    in reply to: CRUZ: Canadian President? #1138252
    Ex-CTLawyer
    Participant

    DY……..

    Who gets on a ballot in an individual state is a state law question, not a FEDERAL question.

    The primary elections are state elections, not federal and the federal courts cannot impose their rules on such. That would violate the states rights guaranteed under the 10th Amendment to the US Constitution.

    The States determine who can be on the ballot and who can vote.

    In some states convicted felons never get to vote. Here in CT after a convicted felon has completed his/her prison time, probation and/or parole and made all ordered fine and/or restitution payments the vote may be restored. Some states never give the vote back, and a few let felons vote from prison.

    In many states you must be a registered member of the political party to vote in its primary election (CT requires this). Other states have crossover elections which allow any registered voter to vote in a primary.

    The current question being asked: is Cruz eligible to be on a particular state’s primary ballot MUST be answered by that state’s courts.

    IF and ONLY IF the state court rules NO and Cruz claims the decision violates one of his US Constitutional rights could the appeal be heard in federal court and federal law applied.

    For example if state X turns Cruz down for not being born on native soil, fine. But if it is claimed that it is because Cruz is of Canadian national origin, as opposed to just a foreign birth it would be cause for appeal to the federal courts. National origin is one of the constitutionally protected forms of discrimination.

    in reply to: CRUZ: Canadian President? #1138251
    Ex-CTLawyer
    Participant

    AviK……….

    and you are getting this education without paying the $600+ per credit hour the students in my law class pay.

    Correcting misconceptions about the law is pro bono on my part. Since I don’t know you, or your real name and we are not in a live group where identities are known; correcting in public or embarrassing someone by calling them out on misstatement of facts is not an issue.

    As for the idea that Embassies are US soil is is a very common one, repeatedly spread by the press and even well meaning (but incorrect) school teachers.

    in reply to: CRUZ: Canadian President? #1138250
    Ex-CTLawyer
    Participant

    AviK

    US Embassies and consulates abroad are NOT US Soil. You might want to read the Vienna Convention on Diplomatic Relations (1961) Articles 22 and 23.

    The Vienna Convention sets out the rules for Embassies and the US is a party to it.

    Article 22

    1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.

    2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

    3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

    Article 23

    1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.

    There are a few phrases, all in Article 22, which have to do with mission sovereignty.

    1. The premises of a mission shall be inviolable

    Nobody can enter the mission without permission- this includes the host country

    2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity

    If you visit the US Embassy, especially in more dangerous parts of the world, you will see the exterior of the mission being guarded by local nationals. The inside will have a marine detachment, but the outside will either be local police or military.

    Similar to number one, unless the individual or party is asked to conduct any of the above, it is not allowed by a host country or any entity. The premise, just like the diplomat and their family, is awarded immunity.

    If you are curious about what diplomatic immunity entails, you should read Articles 29-41.

    Though the immunity can be violated, for the most part it is respected. Without such immunity, the life of a diplomatic would be more difficult during times of aggression within and between countries.

    in reply to: CRUZ: Canadian President? #1138247
    Ex-CTLawyer
    Participant

    AviK

    “There is now a suit on the matter but probably it will not be decided unless Cruz is elected as American courts do not rule on hypothetical matters”

    The suit in Illinois was reinstated by the judge after its original dismissal.

    You don’t know enough about the law to make such statements. You have most likely not read the actual lawsuit only news reports.

    The lawsuit seeks to remove Cruz’s name from the Illinois primary ballot, making the claim he in not a natural born citizen.

    This is not a ‘hypothetical’ question, but one that is ‘ripe’ for action.

    A prospective suit at this time in FEDERAL court claiming that Cruz could not legally serve as President would likely be tossed for lack of ripeness. He is not the party nominee, nor has he been elected by the Electoral College.

    The current question before the Illinois court could also be brought in other states that have Cruz’s name on the primary ballot. These are state law questions and a ruling in one state is not binding on other states.

    in reply to: attention all "jewish democrats" #1143628
    Ex-CTLawyer
    Participant

    It’s now 5 months since my last post in this thread.

    Yesterday CT Secretary of State Denise Merrill announced the candidates who have qualified to be on the ballot for the Presidential primaries in Connecticut.

    Democrat: Clinton, Sanders

    Republican: Bush, Carson, Cruz, Kasich, Rubio and Trump.

    The primary election opened to registered members of the parties ONLY will take place Tuesday April 26, Chol HaMoed Pesach.

    I usually vote absentee, my shinuii will be to vote in person. I not only get to vote in the Democratic Primary, but will also be a delegate to our State Democratic Convention.

    I have not yet made up my mind. I’d like to see which additional Republicans drop out of the race before deciding. Ideologically I am closer to Clinton. I have met both candidates personally, knowing Pres and Secy Clinton since their days at Yale Law School and Sanders since he was Mayor of Burlington, VT.

    I will vote for whichever Democrat I consider to be a stronger candidate against the remaining Rs.

    All in all, I’d prefer Bloomberg get into the race……….But it won’t happen.

    in reply to: Baking Bread and Matches #1137432
    Ex-CTLawyer
    Participant

    oomis………….

    Don’t know what kind of bread the OP was referring to, only mention is whole wheat flour.

    I learned to bake in a commercial bakery back in 1976. We didn’t cover the dough balls, they went on boards on racks into proofing cabinets.

    At home, after making and kneading the dough for bread and making the balls, I usually place them on a greased sheet pan and invert a large stainless steel mixing bowl over each ball. This allows for the dough to rise without touching or sticking to the cover.

    in reply to: Baking Bread and Matches #1137430
    Ex-CTLawyer
    Participant

    SayIDidIt………

    Try using some bamboo BBQ skewers (a pkg of 50 is about $1 in the supermarket). Cut to about 4-6 in lengths.

    Puncturing the dough and not leaving the sticks in during the rise will cause the dough to seal up. In fact to help leave some airspace you can spray the sticks with veg oil (Pam type). Similarly you can use narrow diameter plastic drinking straws cut to 1/2 length.

    FYI> The slashes you see on rye and other breads are made after the loaf is formed and risen to allow steam to escape during baking. If you slash before rising, it will just seal up during the rise (also know as proofing).

    in reply to: Baking Bread and Matches #1137425
    Ex-CTLawyer
    Participant

    The aeration or puncturing the skin of the dough allows the rise to occur faster. It can be done with wooden matches, toothpicks etc.

    The ‘risers’ also keep the towels or plastic wrap from stocking to the dough and holding back the expansion.

    in reply to: Laundry #1142055
    Ex-CTLawyer
    Participant

    Queen……….

    There is nothing to stop you calling your cleaning lady a maid. I remember when maids lived in, wore uniforms provided by the employer and provided services for the person, not just housework. I’m old enough to have experienced both and differentiate the titles.

    At 8 I was responsible for my own laundry on an ongoing basis. What a treat summer camp was..they did the wash. Cooking was taught as a life skill. I cooked occasionally as a child, but mom usually had cooked food in the fridge if she had an evening meeting at school or the Board of Education.

    Cooking skills were important while in college and law school. My college had kosher food available Mon-Friday only, and law school not at all, as a single living on own I was so thankful for my early training in the kitchen. In early adulthood, I ended up buying a kosher food establishment that was a good investment. During peak wedding season, I put my Saturday nights and Sundays in behind the stoves or doing prep work.

    To this day, I do about 60% of the cooking in the house. My law office is attached to the home (separate outside entrance) and it is easy to slip away from my desk into the kitchen or laundry to put something in the oven or move a load of wash.

    As for your comment about kids not washing clothing as often if they have to do their own:

    Youngest daughter (19 today’s her birthday) is a laundry nut. Constantly doing wash. When my wife designed the new bathroom and dressing room between her’s and her other single sister’s bedroom, youngest insisted (and paid for it herself) that a stackable washer/dryer be installed for her use. No dragging laundry through the house to the laundry room, or chancing someone else using the machines when she wanted to do laundry.

    OTOH, other single daughter tends to just raid youngest’s clothing supply and wear those. They are the same size and have similar clothing taste….and it’s done with permission.

    in reply to: Laundry #1142049
    Ex-CTLawyer
    Participant

    Joseph………..

    Shabbos is over. The adult children have gone out for the evening and the grandchildren spending the President’s Day weekend have been put to bed.

    I have just put the Shabbos table linen in the wash. They will be dried folded and put away before I go to bed tonight.

    My mother Z”L spent her adult life as a teacher and principal, When each of us reached 8 years old she taught us how to do laundry (and cook) and from then on we did our own. I do my wash, Mrs. CTLawyer does hers, and our children do their own when they happen to be here (only two single ones left and both are away at school).

    I do the towels and table linens. The one extravagance is that we take bed linens to a local laundry that charges by the pound to launder and iron them. That costs us about $15 per week. Well worth it in my opinion.

    BTW>>>we do not have a maid. We have a cleaning woman who comes in one morning per week for 4 hours, then she eats a lunch prepared for her and goes next door for two hours to clean my Mother in law’s home.

    Neither my wife or I are above running a vacuum, sweeping a floor, changing a bed, taking out trash, etc.

    Most of the time only my wife and I are in residence, so it’s not hard to keep up with the house and laundry.

    in reply to: Life before the Holocaust in Europe #1137433
    Ex-CTLawyer
    Participant

    go to the website that belongs to NY channel 13…put Jewish life Europe in the search bar and it will bring up great resources/videos, teaching materials

    in reply to: Dati in Israel #1204725
    Ex-CTLawyer
    Participant

    akuperma…………………

    Don’t bother translating the discussion into Yiddish for me. This 5th generation born in America frum 60+ year old and is 6th generation children and 7th generation grandchildren don’t use Yiddish.

    BTW>>>neither did any of my maternal line, even back in Germany prior to coming to NY in 1868.

    and yes I went to Yeshiva in NY, my sons in NY and EY, grandsons too young, and we attended shiurim in Hebrew, English and Aramaic, not Yiddish.

    Not all frum people are of eastern European lineage that speak, read, write Yiddish…or have any desire to do so.

    in reply to: Beis Din Recommendation #1139999
    Ex-CTLawyer
    Participant

    Joseph,

    One doesn’t need three, but in this case the driver/sofer and rebbi also served as the witnesses. The dayan from Brooklyn doesn’t take/use non-Chabad witnesses and he doesn’t have to say to someone local you are not acceptable to me.

    The cost would not have been any cheaper if we needed a dayan and a sofer plus non=partisan witnesses.

    in reply to: Beis Din Recommendation #1139996
    Ex-CTLawyer
    Participant

    Joesph…

    A simple Get…where the beis din doesn’t have to travel to the clients out of town and both parties are present typically runs from $500-$800.

    I recently brought a Chabad beis din from Brooklyn to CT for a client’s get. The wife was planning to remarry within the Chabad sphere, the couple had a civil divorce granted 5 years ago and had lived apart for 7 years. The dayan’s driver was also the sofer and a member of the tribunal and a cousin of the dayan, who is a long time rebbe in a local day school (a true Talmud Chocham with smicha) served as the 3rd member. We used a classroom at the day school as a neutral site. The fees were $1200 including travel and we made a $100 donation to the day school for use of the room.

    As for my use of the word affiliated, it may have been a poor choice. Since 1994 BDA is an autonomous organization, not a branch of RCA. I think the affiliation refers to the fact that BDA’s dayanim are members of the RCA/UOJCA and those organizations hold by BDA decisions and refer cases there.

    in reply to: Beis Din Recommendation #1139993
    Ex-CTLawyer
    Participant

    Joseph………

    regarding fee structures………..

    The Beth Din of America has set fees to maintain an ongoing organization with offices and full time employees.

    This is quite different than Hareidi/Chasidic batei din comprised of part time Dayanim and witnesses gathered on the spot.

    To save clients future aggravation I recommend BDA for gittin, as the records are stored in an ongoing concern, not some basement and I know if we need the records 30 years out so a child born of a second marriage can be married in EY or out of town, I can access the records. This peace of mind is worth the $200 the client might save on a get from a lesser known beis din.

    in reply to: Beis Din Recommendation #1139992
    Ex-CTLawyer
    Participant

    Joseph….

    The Beth Din of America is NOT affiliated with the RCA. It became an autonomous organization back in 1994. Many people still have this misconception.

    in reply to: Beis Din Recommendation #1139991
    Ex-CTLawyer
    Participant

    Joseph……….

    as a trust and family law attorney, any Jewish clients seeking a civil divorce are informed of the necessity of procuring a Get from a Beis Din in order to be able to remarry.

    I have sent many to Batei Din for gittin and incorporated the get in the civil case record.

    I don’t do a lot of contact work, except for my trust clients. But if there is a contract dispute and both parties are Jewish I do recommend a Beis Din before a civil trial. I have one family in particular, where I handle 5 generations of people who have trusts and beneficiaries who submit to the Beis Din when there are disputes concerning the trusts.

    in reply to: Beis Din Recommendation #1139986
    Ex-CTLawyer
    Participant

    Joseph>>>

    copied and pasted from the website of Beth Din of America in NYC:

    FEES

    Typically, a din torah case is heard by a panel of three dayanim (arbitrators) at the rate of $300 per hour per side ($600 per hour total). Cases involving amounts in controversy of less than $10,000 are typically heard by a single dayan at the rate of $150 per hour per side ($300 per hour total

    in reply to: People who can't shut up #1136593
    Ex-CTLawyer
    Participant

    As taught by the old Irish Spinster in my 6th grade English class (more than half a century ago): You can shut a window, you can shut a door, but you can’t shut up.

    in reply to: anniversary outing #1174179
    Ex-CTLawyer
    Participant

    I have no idea of the circumstances of the OP’s friend.

    Mrs. CTlawyer and I celebrated our 45th anniversary this year. We spent a day in NYC doing some of the things we’d done while dating all those years ago, and not since. Circle Line tour, Empire State Building Observation Deck and a trip to the Natural History Museum.

    We did also make a shopping detour on 47th Street for a new bauble

    in reply to: The No Google Contest #1134783
    Ex-CTLawyer
    Participant

    Joseph….

    I did not use Google. I am a history buff. My BA degree is in US History. As for the exact dates of the election, I merely referred to my teaching notes. This is a piece of trivia I use in one of the courses I teach in US Government at a local college.

    Federal Election Day was fixed as the first Tuesday after the first Monday in November in 1845. 1848 was the first Presidential election held on that date.

    BTW>>>not all local/state elections are held in November. Here in CT there are still some municipalities with elections in March, but that is soon to e a thing of the past and we’ll have a unified date.

    in reply to: The No Google Contest #1134781
    Ex-CTLawyer
    Participant

    So, the elections of 1800 and 1900 did not take place in leap years and only part of the first US Presidential election took place in a leap year. January 1-10, 1789 was not in a leap year.

    in reply to: What if landlord insists on showing the house on shabbos? #1134763
    Ex-CTLawyer
    Participant

    Abba_S

    I was in no way suggesting that a landlord would break a door down to show an occupied apartment to a prospective tenant. I was specifically giving an example of the downside risk of changing the lock without permission and not supplying the landlord with a working key.

    Yes, landlords are responsible to keep apartment keys secure and may be liable for damages if they do not. The example of the leak I posted in no way suggested a Shabbos repair had to be made at weekend labor rates. I posted a situation where the tenants were away for Pesach, it could have been a 2 week summer vacation…the landlord needs access to make the repairs and is entitled to have a working key…in some places by law, in most according to the lease.

    As for your suggested items that must be proved by the landlord: A..no need to prove when the leak started, merely that damage is being done to another unit and the landlord’s key doesn’t fit a lock that the landlord didn’t install. B…if the landlord’s key doesn’t fit the lock, the legal concept of Res ipsa loquitor (the thing speaks for itself) applies. The tenant has access and the landlord is denied, therefore the tenant or his/her agent changed the lock without permission and/or supplying the landlord with a new key. A stranger doesn’t just come around changing a landlord’s lock and giving the tenant a key. C…landlord doesn’t have to prove breaking down the door was the most efficient way, merely expedient. Every minute of delay more damage is being done by the leak. Calling and waiting for a locksmith might effect a less costly repair to the door, but a more costly repair to leak damage. The courts will merely decide if the method used by the landlord was reasonable under the circumstances. Reasonable, doesn’t mean cheapest, most efficient or best.

    I’ve been a landlord for more than 36 years (both residential and commercial), sometimes one has to pay overtime for timely repairs. Not all plumbers charge extra on Shabbos, most I’ve used do on Sundays.

    It’s not all about money. It is possible for landlords and tenants to have a harmonious relationship.

    in reply to: What if landlord insists on showing the house on shabbos? #1134759
    Ex-CTLawyer
    Participant

    No, I am not your lawyer. But the post telling the tenant to change the lock to bar entry by the landlord could be considered giving legal advice.

    I simply warn non-attorneys not to render legal advice, the state laws are very strict on this practice.

    I often post with disclaimers that laws vary by jurisdiction. I advise consulting an attorney in your jurisdiction and checking with government authorities for the local rules/regulations.

    Self help can be dangerous and/or costly.

    e.g. You have changed the lock without permission and have not given the super/landlord/agent a working key. You and the family are away for Pesach. Your toilet is leaking damaging the apartment below (or more units). The landlord has to break down your door to get in. Not only will you be liable for his costs to fix/replace entry, but you may have been contributory negligent in the damage to other apartments because entry was delayed. Landlord arrived on scene with key that worked when you let the apartment, now he has to go get tools and or labor to break down the door while the leak continues to cause damage.

    My advice always tells to to do the equivalent of “consult your LOR” in this case Locally admitted attorney.

    in reply to: What if landlord insists on showing the house on shabbos? #1134756
    Ex-CTLawyer
    Participant

    @zahavasdad

    actually, the owner of an illegal apartment must tread lightly…he has much more at risk than the tenant. The landlord can suffer heavy fines from the government, risk not being able to collect rent, be ordered to go through the zoning appeals process, a a great cost, to make the apartment legal, and/or be ordered to make major repairs/renovations to the building.

    @Abba_S

    Giving legal advice without being a member of the bar is illegal in most states. You haven’t any knowledge of the lease or the tenancy laws in the jurisdiction. In many leases, and in many jurisdictions, a tenant is required to provide the landlord with keys that work to open the apartment for security/safety purposes. The tenant may be required to receive permission or be forbidden by lease to change locks.

    That $20 lock could cause thousands in legal expenses for the tenant if sued for eviction because of breach of contract, or costs of new locks, door, frame, etc. if the door must be broken down for emergency access because the tenant changed the lock and didn’t give the landlord the new key.

    in reply to: What if landlord insists on showing the house on shabbos? #1134753
    Ex-CTLawyer
    Participant

    a few observations from posts made by others………..

    A frum landlord.

    The landlord may be frum, but the Real Estate agent/apartment manager/super may not be. Often the landlord does not show the apartment, these surrogates/agents do.

    Standard lease…

    The days of walking into the stationery store and purchasing a ‘standard’ residential lease for 50 cents are long gone. There are many ‘standard’ leases on the internet as well as some used by local Boards of Realtors, but there is really no such thing as a standard lease. Most leases are custom, or edited versions of leases obtained elsewhere over time.

    Real Estate and tenant law varies by jurisdiction. Especially as pertains to small buildings 2-3 family homes or less than 6 unit buildings, and if the owner lives in the building.

    Be proactive, if you know you are not planning to renew your lease, a reason that your apartment will be shown, send your landlord a certified letter by the required notice date in your lease and offer a general set of times when showing are most convenient for you. It makes it easier for the landlord to know that Tuesdays and Wednesdays from 7-8 PM and Sundays from 1-3 PM are convenient for you so he can offer that to the prospective tenant, rather than have to go back and forth between multiple parties to arrange showings.

    in reply to: What if landlord insists on showing the house on shabbos? #1134724
    Ex-CTLawyer
    Participant

    This attorney will remind you to read and comply with the lease. Chances are that your lease allows the landlord to show the apartment. BUT he MUST give notice (the parameters may be defined in the lease) and you may reject a showing time by offering an alternate time that is convenient.

    When it comes time to sign a new lease insert language that says no showings on Shabbos or yuntif. Chances are the landlord will agree.

    If you repeatedly refuse showings and cause the landlord to lose a bonafide renter you may find yourself in court being sued or the economic loss.

    If you are concerned about pictures and your privacy, take a set of pictures with those items removed and offer them to the landlord to duplicate for prospective tenants.

    in reply to: Cholent/Chulent #1133891
    Ex-CTLawyer
    Participant

    Pot au feu

    in reply to: POLL: 1 outfit on 1 shabbos? #1134103
    Ex-CTLawyer
    Participant

    Queen…it doesn’t matter that this is a school rule or why they made the rule……

    The original post asks “what do you guys think?”

    I’ve told you what I think. This has nothing to do with whether I’d allow my girls to break a school rule…I would not.

    in reply to: Covering the collarbone #1134064
    Ex-CTLawyer
    Participant

    Queen………

    and is that necklace 16″ 18″ 22″ or 14″ in length? Are those pearls matinee or opera length?

    Even more perplexing is a rigid necklace that would open up more space right to left than a chain that hangs.

    The information you give leaves much to interpretation.

    This reminds me of a chasanah I attended more than 50 years ago. The boy was a BT and the girl from a Brooklyn Chasidic sect. Her future mother in law was told to wear a dress that had a high neck and long sleeves, she arrived at the hall in such a gown, but it had cut outs in the bodice and an open back.

    My mother A”H rushed over and quickly wrapped her own mink evening wrap around this lady, explaining that she’d be much more comfortable that way.

    in reply to: POLL: 1 outfit on 1 shabbos? #1134098
    Ex-CTLawyer
    Participant

    Queen,

    If your girls want to schlep a sweater or jacket, fine. My princesses took outfits of different weights.

    BTW>>>

    as a disclosure, my father owned more than 15 clothing stores, my grandfather manufactured clothing, I both owned 3 clothing stores and a sewing factory in early adulthood, before going to law school.

    Since clothing was our parnossah, I am predisposed to young ladies owning and wearing varied wardrobes.

    I also believe that one is supposed to wear one’s best to honor Shabbos, and nothing requires you to wear only one outfit per Shabbos. What is fresh and crisp and clean at 6PM on Friday may be limp, wrinkled and even have a whiff of odor by Mincha Shabbos, especially at a Shabbaton with dancing and activity.

    I don’t wear the same clothing in the evening that I wear in the office or court during the day. I also don’t wear the same suit or shirt, etc Friday night and Shabbos morning. I put on a fresh laundered and starched shirt and a suit that is not wrinkled. In summer, I also may change to a lighter weight suit before walking back to shul for mincha.

    None of this has to be about showing off or competition. Flaunting wealth thru designer logos is gauche, and often the modus operandi of noveau riche or wannabees.

    in reply to: POLL: 1 outfit on 1 shabbos? #1134093
    Ex-CTLawyer
    Participant

    My girls always wore multiple outfits for Shabbos. It wasn’t based on competition or showing off. They always packed different clothing for evening and daytime to account for different temperatures, etc. Walking home from shul after a program at 9pm might require warmer clothing than walking to shul in the mid morning sunshine.

    in reply to: Out-Of-Town Jewish Hillbillies #1138034
    Ex-CTLawyer
    Participant

    Joseph………..

    Your basic premise is flawed.

    I live in Fairfield County, CT. Definitely part of Metro NY, lots of commuters to Manhattan on Metro North. But my small town is definitely considered out of town. It is NOT considered hick or hillbilly. The level of education of residents is much higher than NYC–daughter did a sociology paper on this demographic last semester.

    Those who choose to live here may well be pretentious, and don’t necessarily lead a simple life. I am an attorney, father, grandfather, property owner, landlord and an elected official……….

    Couple that with Jewish involvement, learning, being on the board of assorted shuls, day schools, Jewish charities..that doesn’t make my life simple.

    I certainly question what you mean by sophisticated? I think your urban centric attitude is myopic.

    Not everyone wants to live in a ghetto, even if it is high income and self-imposed. We are not kollel people. We go to Yeshiva, seminary and then University and graduate schools. Jews need members of the tribe who can represent them in the civil legal system, tend to their medical and dental needs, etc.

    One can be part of the Yeshiva affiliated world and still have a profession.

    I only live an hour from midtown Manhattan, that’s out of town, but not hillbilly.

    in reply to: Going to shul in the rain on Shabbos #1192139
    Ex-CTLawyer
    Participant

    @Joseph

    We knew (via weather reports) Thursday night that the snow was expected early Shabbos morning and would continue all day.

    So the board of the shul cancelled Shabbos services then. The phone squad went to work calling the regulars (after all the snow birds are in Florida) and we had more than a dozen guests including the rabbi for Shabbos in our home.

    They carpooled Friday afternoon, so no cars were left outside to be shoveled out after Shabbos. We set up for davening in our sunroom where our sifrei torah are kept in an aron. The women guests plus my wife and youngest daughter davened in the den. It has a glass wall overlooking the sunken sun room and with the transoms open they could hear.

    My wife prepared a couple of large cholents which went into clay baking vessels buried in the hearth. There was a huge kettle of soup simmering all night hanging on a tripod near the fire, as well as an old brass samovar of hot water. The main part of our home was built more than 200 years ago and there are 5 working fireplaces (which we use all winter), two of which are set for cooking. No need to chance a power outage in a blizzard.

    It was still snowing at the end of Shabbos so we had a mini-melava malka. Some of the teens came by on snowmobiles or in 4 wheel drives. The storm tapered off about 8PM. We had about 15 inches. It took about 1/2 an hour to shovel the walks to out driveway and garage. By then out plow service had cleared the driveway and my 2nd son-in-law and I drove everyone home.

    This type of a home Shabbos occurs once or twice each winter when a storm is expected, and once each February as a planned retreat for 5 local families including wives and children.

    in reply to: If you do not have s'micha, can you advertise yourself as "Rabbi"? #1134336
    Ex-CTLawyer
    Participant

    Daasyochid…”presumably, the menahel who hired a rebbe vouched for his appropriate level of scholarship for his position.”

    If only that was true.

    Too many day schools and primary grade yeshivos have faculties populated by relatives of the Menahel. Many lack the appropriate level of scholarship.

    When you live out of town, you often have no choice as to which yeshiva or day school to send your youngsters. This is why we made 60 minute trips each way to take our kids to yeshiva in another city when they were in 2-5 grades.

    in reply to: Your Oldest Memories #1132910
    Ex-CTLawyer
    Participant

    My great grandfather was niftar when I was 22 months old. He lived with us his final year of life. I can remember seeing my father help dress great grandfather and that he wore long john underwear……

    That memory is more than 60 years old…but I won’t tell you how many more years than 60.

    edited

    in reply to: How would your life have changed? #1214925
    Ex-CTLawyer
    Participant

    @coffeeaddict

    we have 4 dogs. Their food is stored and prepared in a small treyf kitchen built onto the back of our garage. The refrigerator/freezer, stove and keilim are not used for humans. The door is kept locked and only Mrs. CTLAWYER and I have the keys. Our children were never allowed to prepare or serve the dogs’ food.

    As to bleach, we often use it in the sink and it may get on keilim, so a hechscher is nice even if not required. Laundry detergent or floor cleaner with a hechscher is just a way for the kashrus organization to raise money.

    in reply to: East Ramapo School Monitor with Veto Power Bill #1133293
    Ex-CTLawyer
    Participant

    “If a realtor brings to a seller a legitimate buyer with a legitimate offer, the seller has the right to refuse for any reason”

    If a realtor presents a bonafide offer from a ready, willing and able buyer that meets the terms of the listing (full price, no contingencies, etc.) and the seller refuses, the seller may find him/herself liable for the full commission to the realtor on a house not sold.

    in reply to: Bands and one man bands #1126199
    Ex-CTLawyer
    Participant

    Technical21…….

    No comment was made as to your parents and their opinion, just to you considering a statement offensive.

    There is no condescension in my observations about how opinions change with maturation and aging and I gave an example of myself to show that.

    You are young, enjoy your youth. I pray that you have a long, healthy and productive life. You will find that opinions, attitudes and tastes change over the course of a lifetime.

    No one is advocating that you do anything that is not right for you or your parents.

    I have advocated that each make decisions according to his/her own situation at the time. My parents were married in February 1944-in NYC in the middle of WWII. Wartime rationing was in place. Adults were allowed one new pair of shoes per year. Brides could not buy material for gowns, they were rented. Guests attending the affair had to give their ration points to the caterer in advance so the caterer could obtain sufficient food. It didn’t matter that my maternal grandfather was a wealthy doctor and my paternal grandfather was making his fortune by manufacturing army uniforms. A lavish chasunah with black market purchases (which were fully available) was not appropriate in that situation.

    I hope that when your time comes you and your parents arrange a chasunah that conforms with your ideals/values.

    in reply to: Bands and one man bands #1126192
    Ex-CTLawyer
    Participant

    @Daasyochid

    I think that in 20 or 30 years Technical 21 will have changed her opinion. It is amazing the wisdom gained with age.

    I learned at age 40…My father was always right, just sometimes it took me 10 or 15 years to recognize it.

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