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Questions Answered by Gregory Byrnes
1 Answer | Asked in Real Estate Law for New York on
Q: I purchased a home where $5,000 was kept in escrow for the owner to submit paper work to take care of the back deck

Which did not have a permit. I recently found out from my town that there are a couple other things in my house such as the front bay window that does not have permits for. I’m confused how the sellers lawyer and my lawyer did not know or how could sell a home without it not having all permits up... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Apr 13, 2020

Caveat Emptor! You should read your contract and see what is says and whether there are any representations and warranties as to any work performed. Attorneys generally are not going to review all renovations made to the house to confirm they were done legally. This is closer to a due diligence... Read more »

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Arizona on
Q: Is their an attorneywith guts enough to take on csp

I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Apr 12, 2020

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

1 Answer | Asked in Products Liability and Business Law for New York on
Q: What does “606- Abandoned- No statement of use found” mean. Searching files for UTB talent management.
Gregory Byrnes
Gregory Byrnes
answered on Apr 12, 2020

It means someone filed for the trademark as "intent to use" and there was a failure to complete the registration because a statement of use was never filed. Here is the explanation from the USPTO https://www.uspto.gov/trademarks-application-process/abandoned-applications

2 Answers | Asked in Copyright for New York on
Q: How long can someone go to jail for using my picture as their profile picture on their Instagram using my name?
Gregory Byrnes
Gregory Byrnes
answered on Apr 12, 2020

You need to speak with local law enforcement if you would like someone to be punished criminally.

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Q: Can my business partner use the companies attorney in a partnership dispute? The fees are paid by company.

Am I entitled to know discussion since it was paid for by company funds.

Gregory Byrnes
Gregory Byrnes
answered on Apr 9, 2020

Typically no because that is a conflict of interest for the attorney. The company is the client, not the shareholder and representation of the shareholder individually is usually a conflict. Additionally, if the company is paying for the personal expenses (their personal legal fees) of the... Read more »

1 Answer | Asked in Business Formation for New York on
Q: What kind of business license should I apply for if I want to run an e-commerce online store .

I am creating a brand that will be trademarked , these items will be sold on said website . I should note domain name and trademarked brand name are not the same

Gregory Byrnes
Gregory Byrnes
answered on Apr 8, 2020

It depends on the product you are selling, whether you are storing it, and to where it is being sold, but generally you do not need a license for e-commerce in New York. However, you should review the sales tax aspects of the transactions (Most sales applications can handle this for you) or the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a neighbor's estranged family member use our lobby to store clean and dirty clothes?

A neighbor's son has been storing his suitcase in our building's lobby for just over 5 weeks now. He changes clothes there daily and keeps his dirty clothes in a trash bag. The neighbor will not let him in her apartment b/c of COVID-19 contamination concerns (b/c this son is homeless).... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Apr 7, 2020

While there is no general prohibition on landlord's to restrict a tenant's guest's access to the common areas of the building, this situation may be an exception. It sounds like the person is residing in the hallway which would be a violation of the building's certificate of... Read more »

1 Answer | Asked in Business Formation and Business Law for Wisconsin on
Q: A friend and I want to merge our separate LLCs within the next few years to make one business. Is this possible legally?
Gregory Byrnes
Gregory Byrnes
answered on Apr 6, 2020

Yes, it is possible. You will want to review the Wisconsin LLC Law under "SUBCHAPTER XII MERGER; CONVERSION" - Here is the statute: https://docs.legis.wisconsin.gov/statutes/statutes/183/XII/1207. If the other company is not a Wisconsin LLC, the steps may be different, but every... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do tenants have to pay rent they owe after the Covid-19 crisis is over?

Hi, I heard that in New York there’s a new thing where tenants don’t have to pay their rent for three months until the Covid 19 crisis settles down. Would they have to pay back all of the rent after?

Gregory Byrnes
Gregory Byrnes
answered on Apr 2, 2020

You still have to pay rent - however - there is no enforcement mechanism if you don’t pay rent right now. So yes, you will still have to pay back the 3 months rent in June.

1 Answer | Asked in Collections for Virginia on
Q: Can a company back bill me 3 yrs later?

I rented a mobile storage unit. I was to be on auto billing monthly. I was auto billed for the first 9 months after that the inadequate employee stopped doing his job and did not bill me monthly for auto billing. 3 yrs later they pick up the unit. Six months after pickup they send a bill for... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Apr 2, 2020

Generally yes, they can still collect because you have not fulfilled your requirements under the contract. However, there are two areas of law you should look at in Virginia: 1) what is the statute of limitations on breach of contract and debt collection, and 2) did they waive their right to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: The Judge granted an eviction order for April 1st and the tenant hasn't moved what are my next steps during the pandemic

The tenant has been in the process since October and kept filing continuances. March was supposed to be the last month, but the moratorium has been put in place.

Gregory Byrnes
Gregory Byrnes
answered on Apr 2, 2020

You are unable to do anything at the moment. All evictions are stayed.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My sublet informed me yesterday she has the money for the rent but is not paying due to Loss of work in the pandmeic

I have one rental property and a mortgage on the house she is living in. She states that she will hold the money on an escrow account until she gets more income generated. Does the tenant that is on the original lease have to pay? What do I say back to the sublet about non payment.

Gregory Byrnes
Gregory Byrnes
answered on Apr 2, 2020

First, she is not your tenant and is not obligated to pay you (this is assuming you leased the place to another tenant and that tenant leased it to this woman). Second, your tenant (the prime tenant) is obligated to pay you. Third, the courts are closed to non-essential matters (which this is) and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord ask for an additional security deposit when renewing my lease? If so, by how much?

I have lived here for over 8 years, initial security deposit was $999, my rent is going up from $1775 - $1940.

Gregory Byrnes
Gregory Byrnes
answered on Apr 1, 2020

Without knowing more about the lease or the tenancy, it is impossible to know. However, your landlord is not allowed to hold more than 1 month's security deposit in New York as of June 2019 pursuant to the HSTPA. Here is the primary security deposit law in New York:... Read more »

2 Answers | Asked in Business Law for New York on
Q: If my friend created the label for my business will they be able to sue later on? If/when the business picks up?
Gregory Byrnes
Gregory Byrnes
answered on Mar 30, 2020

Generally no unless the rights to the work were transferred to you.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello I wanted to know if you can use your security deposit to cover your last month of rent?

My lease states “landlord may use the security to put amounts owed by tenant, including damages.”

Gregory Byrnes
Gregory Byrnes
answered on Mar 30, 2020

This is a complicated question because the laws on security deposits chanced in June 2019. Here are the most relevant legal provisions that can assist you:

General Obligations Law Section 7

https://www.nysenate.gov/legislation/laws/GOB/7-108

The Rent stabilization code...
Read more »

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1 Answer | Asked in Real Estate Law and Constitutional Law for New York on
Q: Can a person be denied purchase of a home in New York City simply because their social media page shows them hunting?

Friend is trying to purchase an apartment in NYC but has been told that they couldnt do the sale since he had pictures of himself hunting in Texas on his social media.

Gregory Byrnes
Gregory Byrnes
answered on Mar 26, 2020

Yes, it's likely they can refuse to sell because they are not a protected class under Federal, State, or Local Law. If they are already in contract this would be a different story depending on the contract. You can check the AG's website for more information.... Read more »

1 Answer | Asked in Family Law for New York on
Q: I sign an agreement to leave the apartment that one time I bought with my now ex wife in 2020 and transfer the deed to

Her. She took me to court to enforce the agreement because I didn’t leave. The judge gave me an extension until the last day of April. Now with this situation of the covid 19 I can’t go out, not working and I’ve heard gov Cuomo saying that the evictions have been cancel for a few months. Can... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Mar 26, 2020

Yes, evictions are stayed and the Courts are not open. Should you not comply, when the Courts reopen they maybe able to evict you, but this will be dependent on the facts of the case and the Court Order.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Just found out my house was built across a property line some 30+ years ago. Owner of encroached land shows no concern.

I want to sell my house. Encroached land is my front yard (extensive improvements). Can I legally annex this 1/2 acre strip to sell my house?

Gregory Byrnes
Gregory Byrnes
answered on Mar 26, 2020

You may have a claim for adverse possession: https://statelaws.findlaw.com/georgia-law/georgia-adverse-possession-laws.html

2 Answers | Asked in Employment Law for New York on
Q: I lost my job in NY.I have two single family rental units. Am I eligible for for unemployment?

They are not run though a LLC but through my own name. I do not take the 20% rental business deduction. More specifically I would like to know how to answer this question when applying for unemployment..NY Labor asks "Other than part-time work, on-call work, or owning a single-family rental... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Mar 26, 2020

It is not likely you are entitled unemployment benefits. You are likely a sole proprietor and don't contribute. You can look here to see if you are exempt from unemployment: https://labor.ny.gov/ui/dande/covered1.shtm

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1 Answer | Asked in Real Estate Law for New York on
Q: We bought a mobile home with land in Oswego N.Y on October 6th 2020

The seller paid the taxes on the property on October 4th before we purchased. We’ve been trying to transfer the deed but the seller won’t return our calls or texts but sent us a letter wanting us to pay him for the taxes he paid and then he will send us the deed. We feel he is responsible for... Read more »

Gregory Byrnes
Gregory Byrnes
answered on Mar 25, 2020

What does the contract say? Generally the contract will determine who is liable for the property taxes. Often, it is the case that the seller prepaid for part of the quarter and will receive a credit at closing for the time the seller is not in possession.

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