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Questions Answered by Barry E. Janay
1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for New York on
Q: I lost my appeal for a traffic ticket violation that suspended my license, anything else I can do?

Hi, I tried to appeal a traffic ticket violation online that caused my drivers license to be suspended, I was able to get a stay on my license while waiting for a decision from the appeals board, unfortunately I just received the letter from the appeals board stating that the conviction will remain... View More

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answered on Oct 17, 2017

You would need to take it up in the Supreme Court and there is a very difficult review standard to overturn an agency such as the DMV, you'd have to show bias or manifest error.

1 Answer | Asked in Traffic Tickets for New York on
Q: The Officer charged me 1229-C(3) not wearing a seat belt instead of charging me 1140 not yielding to right of way.

I was wearing the seatbelt the entire time. Should I challenge in the court? Even with the charge of 1140 violation, I did not do anything wrong and did not cause the up coming vehicles into sudden stop when I was the first vehicle making the left turn (there was a long line of vehicles piped up... View More

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answered on Oct 17, 2017

The seatbelt one is a non-moving violation, no points, probably not worth fighting.

2 Answers | Asked in Traffic Tickets for New York on
Q: My 17 year old son has NJ probationary license-got a ticket in NY for speeding 15 miles over limit. Should we fight it?

Should be plead guilty or go to court?

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answered on Oct 17, 2017

Probably worth it to keep his record clean if you ask me.

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1 Answer | Asked in Trademark for New York on
Q: I'm looking to TM a Brand for one specific class. Do I need to list every items I sell? What for? What about futureones?

Hello, I'm looking to trademark a brand for items used in the kitchen. Every item I currently sell falls within one USPTO class. USPTO requests to list all items sold so my question is, what about items I don't sell yet but might sell in the future? Also, I am looking to trademark a brand... View More

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answered on Oct 17, 2017

List the items you currently use, and then in the future when you add to the goods amend it to include the new items.

2 Answers | Asked in Traffic Tickets for New York on
Q: I got 2 tickets - running a stop sign and light. Both tickets say the same location. Can I get out of both or just 1?

There is a stop sign at the corner but no light. Assuming I can get out of the light ticket but is there any kind of law regarding issuing two tickets in one place possibly invalidating them both.

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answered on Oct 17, 2017

Definitely appears worth defending. Email me if you want an attorney to assist you.

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2 Answers | Asked in Real Estate Law for New York on
Q: Can a joint tenant (mother) sell share of 3 family house to another joint tenant (son) for $0.00 in 2014 legal?

In 2001 my mom added my brother and myself as joint tenants. What concerns me is that my mom has dementia and was probably tricked into signing.

Do I need to find the Bill of Sale?

The prior 2001 Deed was my mother, brother and myself as joint tenants. Looking at the 2014 (CIty... View More

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answered on Oct 17, 2017

Zero monetary consideration may be a factor that you can use to attempt to void the transaction, however if there was other consideration that may suffice and have made the transfer / agreement enforceable. If your mom's capacity was diminished those arguments can be made to void the... View More

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2 Answers | Asked in Estate Planning for New York on
Q: In NYS does a will signing with witnesses (two) have to be attested by a lawyer, or could it be done by a Notary?
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answered on Oct 13, 2017

Notary works. There are other requirements such as the following:

1) Bring a Govt issued Photo ID of Testator, 2) it's a good idea to have three Witnesses in case when you go for probate one is unavailable (a Notary Public may be present if the notary is not familiar with the...
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2 Answers | Asked in Traffic Tickets for New York on
Q: I got pulled over for no/inadequate lights. I have court tomorrow, what should I say to help lower it?

I didn’t know that I was supposed to bring it to the precinct because the officer didn’t inform me. All I had to do was wash my lights. It was fixed the next day but I didn’t know how to answer to the ticket and it said to appear in court tomorrow. Please help I cannot pay $200 for dirty headlights!

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answered on Oct 13, 2017

Show proof that the problem was fixed immediately after you were pulled over, that's the best chance you have.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Aunt has not probated gmoms Will. It's been 10 years. My mom was a beneficiary, has since passed. Who gets moms part?

We think Aunt is hiding something that's why money has been with accountant for so long. Although she has access to some ( gave brother and I both check for 13000 each when mom passed and said more to come but 3 years later and nothing) speak to accountant frequently who is holding assets.... View More

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answered on Oct 13, 2017

You can file a proceeding in Surrogate's court and force an Accounting of the Estate, your Aunt may be liable to you if she breached her fiduciary duty and failed to pay you any amounts that you were due and did not receive.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I just reviewed my rental lease agreement and at the top it states 13 months but below it the ending date is wrong.

The ending date states to end at the end of the 14th month. Even though it states 13 months on the top of the lease agreement, am I liable for the ending date posted. Hence at the end of 14 months?

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answered on Oct 13, 2017

This ambiguity should be resolved AGAINST the drafter, most likely the landlord, so you should argue whatever works best for you.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I have a lease throught my boss whom has a lease on a horse farm with a house. I rent the house from my boss.

The owner of the house has secretly been negotiating a sale of the property. Closing is in 5 weeks and I am being told we are out. My lease states I need a 90 day notice but my boss is running scared on her lease. Not sure what to do or my rights.

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answered on Oct 13, 2017

While I agree with the other attorney below, I think you have some bargaining power with the property owner who is ultimately selling and engaging a lawyer could prove to be worthwhile for you to negotiate a buyout of the remaining term of the lease. I would be happy to assist you further if you... View More

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1 Answer | Asked in Estate Planning, Family Law and Juvenile Law for New York on
Q: I am 18 yrs old I live with my mom can she still ground me and keep me inside and not let me outside at all??
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answered on Oct 12, 2017

At 18 you are considered an adult under New York law.

2 Answers | Asked in Estate Planning for New York on
Q: I need to find out if my mother's estate has been finalized in Surrogates Court. Her executor will not tell me. Thanks.

Executor is very nasty, aged 86.

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answered on Oct 12, 2017

The other attorney is correct, if you don't live nearby you can call the clerk or hire an attorney to work on a limited scope basis to find out or engage him / her further as necessary. Feel free to reach out to me via email and I can further assist. If you email me attach the waiver /... View More

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: If I put a deposit on a condo in nyc and then decide not to buy, can I get the deposit back?
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answered on Oct 11, 2017

Depends on the contract, if there were material misrepresentations made (which could be difficult to prove) the answer is no. I believe I can be of assistance if you'd like to reach out to me I'd be happy to talk to you.

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2 Answers | Asked in Traffic Tickets for New York on
Q: how do i know if i have a summons under my name ? i live in new york ,queens

some guy just took a picture of me parking in a handicap parking and told me you got your self a summons ?

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answered on Oct 10, 2017

You likely do not. You can go to a DMV / TVB office and ask them whether or not you have any open violations / court dates. You can also go to the local court if you were outside of NYC when the incident occurred and ask the clerk.

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can you trademark a generic search term? A competitor is claiming they own it and i cannot use it on my site.

I sell Long Island Wine Tours, a competitor claims they "OWN" the trademark:

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:91vdmw.6.1

And it is registered. They are demanding that i remove all mentions of "Long island wine tour" from my website... View More

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answered on Oct 10, 2017

The disclaimer on the USPTO for their Trademark states:

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN

So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours"...
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2 Answers | Asked in Employment Law for New York on
Q: My wife works at Lombardo's Bridie Manor and my boss The Owner Lawrence Lombardo takes 75% of Gratuity from wait staff.

Is this legal?

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answered on Oct 10, 2017

It's illegal. The Fair Labor Standards Act (FLSA) governs wage-related rules for tipped employees. This includes restaurant servers, bartenders, and valets -- anyone who receives gratuities from satisfied customers.

Under the FLSA, tips are considered the sole property of the tipped...
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1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Do I have a case to sue if a mover from a moving company i hired defecated in the lobby of my new building?

I have surveillance video of him going into the corner but not him actually doing it.

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answered on Oct 9, 2017

That's disgusting, but no, you need to clean that shit up and maybe contact the police about a public indecency charge. Notify the moving company so that they can take appropriate discipline against this employee.

1 Answer | Asked in Trademark for New York on
Q: are t-shirts like this https://goo.gl/fwCySD affected by the trademark with serial no 87487847?
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answered on Oct 9, 2017

Most likely yes. But more details would be needed for a better analysis and conclusion.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hello. I started renting s home in New Jersey When 1st moved in signed a year to year lease but the last 8 years

I'm buying a home and close November 30. Legally I have to give 30 day notice or can he hold me till lease ends in july. Haven't signed a lease in 8 years

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answered on Oct 6, 2017

It sounds to me like the original lease lapsed and became a month-to-month tenancy subject to the same terms (except for the length) as the original lease. I would need to see the lease and know more to give a better analysis.

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