Claimed Lawyer ProfileQ&A
- Construction Law
- Real Estate Law
- Business Law
- Consumer Law
- Landlord Tenant
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- New York
- English: Spoken, Written
- Spanish: Written
- Calabrese Law Associates, P.C.
- - Current
- Zachary A. Waksman, Attorney at Law
- Family law and estate planning attorney. Supports client firms in all aspects of trial and case development, including legal research, drafting of pleadings, briefs and motions and pre-trial discovery review. Of counsel to Demidchik Law Firm, New York, NY, assisting firm with criminal matters in Massachusetts. Retained by Kreisberg & Maitland, LLP to research procedural and factual issues in ongoing state and federal litigations including: municipal liability under §1983; admissibility of television program’s transcript as prior inconsistent statement; garnishment of city employee’s pension in civil action; due process issues with NY statute. Retained by fellow attorney to assist with fee recovery; argued the matter before NY Appellate Division in September 2015. Researched fraudulent conveyance issues for litigation in NY; drafted complaint for filing in SDNY. Drafted memoranda on several corporate finance matters including: administrative estoppel on IRS filings; applicability of NY’s judicial dissolution statute to corporate misconduct; shareholders’ rights to inspect corporate books; and statute of limitations for previously unknown facts discovered in inspection of corporate books. Provided pro bono support to South Coastal Counties Legal Services; participant in Bristol County Family & Probate Court’s Lawyer of the Day Program from 2014-16
- Student Attorney
- Securities Arbitration & Consumer Clinic
- Handled legal matters with focus on consumer law and advocacy under a professor’s guidance. Conducted research on consumer law and products liability in actions on behalf of indigent clients. Drafted complaints, interrogatory responses, and other pleadings in consumer cases to protect indigent clients from improper consumer practices. Conducted client interviews to gain understanding and determine case strategy. Laid foundation to commence products liability action against major home appliance corporation
- The Rutherford Institute
- Civil rights organization with strong focus on First and Fourth Amendment rights. Performed research on a wide range of issues for actions in state and federal courts across the US. Summarized findings in memoranda for use by staff and outside counsel. Issues included: legality of a school’s dress code; religious exemptions to photo identification requirements; private entities’ right to place limits on speech; workplace clothing as speech; potential consequences of unmanned drone use - findings were incorporated into book written by Institute’s president: John W. Whitehead, A Government of Wolves: The Emerging Police State (2013).
- Legal Assistant
- Syracuse Department of Law - Housing Department
- Hired for externship at specific request of attorneys. Drafted complaints against property owners who failed to maintain their buildings. Researched issues with legality of Syracuse Property Code, including comparison with codes of other cities in the State of New York, to create potential blueprint for improving the system.
- Legal Assistant
- Kreisberg & Maitland, LLP
- Served as fact-checker during motion preparation process in complex federal litigation. Conducted legal research to build case. Drafted and revised correspondence and pleadings for content and correctness. Hired to catalogue ~200,000 pages of discovery for complex federal litigation. Created electronic and physical organization systems for accessibility by time and topic. Remains in contact with firm for research work on several ongoing matters.
- Syracuse University College of Law
- Honors: Certificate in National Security
- Activities: Journal of International Law & Commerce: Associate Editor Impunity Watch; Assistant Community Development Coordinator; Senior Desk Officer, Middle East; Middle East Desk Reporter (two-time Reporter of the Month) Student Bar Association: Senator, 2010 to 2012
- Wesleyan University
- B.A. | Government
- Spring 2006 in Denmark
- Activities: Wesleyan Argus, 2003 to 2005 Wesleyan Jazz Orchestra
- New York State Bar  # 5221825
- - Current
- New York State Bar Association  # 877854
- - Current
- Massachusetts State Bar  # 687912
- - Current
- Massachusetts Bar Association
- - Current
- Boston Bar Association
8 Questions Answered
- Q. Demanding full security deposit after 30 days of lease end
- A: I cannot give advice in this forum. However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages. You should consult an attorney for assistance drafting any correspondence with the landlord and for further assessment of your claims.
- Q. I love in a 3 unit building. I live in the first floor. New tenant moved in above me and made life terrible with noise.
- A: I am somewhat confused by what you are saying here. It sounds like you want to send a letter to the tenant. That is an option. You have rights as a lessor in this building. The landlord is obligated, both by law and through your lease, to ensure that your right to quiet enjoyment of your apartment is undisturbed. You have informed the landlord of this tenant's behavior for a long time, yet it appears no action has been taken. Once the landlord is on notice, she must take steps to solve the problem and is liable for any reasonably foreseeable consequence of her failure to do so. This is true even if the issue is caused by a third party as is the case here. Failure to remedy these violations exposes the landlord to significant liability of the greater of consequential damages from the violation or three months' rent, plus the costs of any action you bring, including attorneys fees. Additionally, your lease constitutes an act of commerce conducted by the landlord. This means the landlord's failure to deal with your issue may also violate the state's consumer protection statute, which may entitle you to up to three times any damages that are found to exist. These proceedings often start with a letter to the landlord, followed by legal action if necessary. However, I cannot advise you further at this time as there is insufficient information. I strongly advise that you contact an attorney to assist you on how to proceed from here.
- Q. Should I let know a landlord that I am suing them?
- A: I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your home, such violations, if they exist, would fall under Chapter 93A, Section 9. In this context, Section 9 requires tenants to provide the landlord with notice of your claims and allow 30 days for the landlord to produce a response and an offer of settlement. After that 30 day period ends, you would be allowed to file your lawsuit. However, please be advised that what I have described to you is only a hypothetical. It is not and is not intended to be legal advice. There is not enough information. You should consult an attorney about your situation so you can be accurately and thoroughly advised about your rights, the potential damages against you, and the filing process.