A deal I was working on recently fell apart. The deal involved a co-broker who represented one of city’s largest developers and my firm. Co-broker is one of the top brokers at one of city’s largest firms.
Over the course of the transaction my client and I worked closely with the... Read more »
answered on May 7, 2023
If you can prove the co broker published the information to multiple parties and that you suffered commercial damage to your reputation as a result, you may have a defamation case. The challenge is usually proving that any loss of business resulted from the broker spreading false information, and... Read more »
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... Read more »
My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.
answered on Apr 30, 2023
The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... Read more »
answered on Apr 30, 2023
Your attorney should review the board’s bylaws and the election minutes to determine whether the proper procedures were followed. Common violations involve lack of a quorum and invalid proxy votes. Be advised that you must file your lawsuit to challenge the election within 4 months pursuant to... Read more »
answered on Apr 30, 2023
The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... Read more »
answered on Apr 19, 2023
You need to contact the bank’s legal department through an attorney to determine the nature of the alleged violation, and to file an appeal with the bank’s internal compliance department. There are usually strict deadlines to follow and you may be prevented from filing a lawsuit if you have not... Read more »
answered on Apr 16, 2023
See here: https://www.irs.gov/retirement-plans/traditional-and-roth-iras.
Be aware that your deadline for contributions for the 2022 tax year is this Tuesday, April 18, 2023, so you need to make arrangements before then if you are looking to benefit for your 2022 taxes. If you have already... Read more »
I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?
answered on Apr 13, 2023
You may have the defense of “laches” in addition to statute of limitations (which incidentally has been reduced to 3 years for claims commenced after the effective date of the CCFA). Laches is fact specific: in a nutshell, you must prove by a preponderance of evidence that the landlord waited... Read more »
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... Read more »
A university is asking me to pay it and the deadline is passed.
answered on Apr 4, 2023
It depends. If the original creditor is bringing the case (or a lawyer acting on the Uni’s behalf) you may be sued and you will have to oppose the suit in court or risk a default judgment and all that comes with it: bank account seizure, wage garnishments, etc.
The AG may only be counsel... Read more »
The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.
It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.
although there was some contact before the 6 yr period elapsed,... Read more »
answered on Mar 29, 2023
Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... Read more »
In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.
Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... Read more »
answered on Mar 29, 2023
By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter... Read more »
That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?
answered on Mar 28, 2023
If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... Read more »
my brother has been advised the judgement against him is having his bank account frozen. Problem is he is also joint in my elderly moms account and that is all of her money. He doesnt deposit any money into that account. How do we keep them from freezing her money and taking her money
answered on Mar 20, 2023
You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order... Read more »
What can I do regarding this?
answered on Mar 17, 2023
If you have a properly worded severance agreement you might have a case, even if the disparaging information is true. Non disparagement clauses can cover even true statements. It all depends on the wording of the severance agreement and the facts surrounding the disparaging statements on social... Read more »
I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... Read more »
answered on Mar 3, 2023
What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... Read more »
the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement
answered on Feb 17, 2023
First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... Read more »
I have a mortgage loan from a family member effective Jan 2020. A mortgage deed was recorded (NY) and refers to the respective promissory note. The lender (family member) and I want to amend to adjust the interest rate and term - the interest rate will be adjusted as of Jan 2020. Does the... Read more »
answered on Feb 13, 2023
Yes, a New York real estate attorney can prepare all the forms necessary to perfect and record the amended promissory note and mortgage. And it should be properly recorded, because New York is a “first to file” state when it comes to real property, so only properly recorded documents will put... Read more »
We have passed our yearly inspection every year without a problem. We just paid off our mortgage at the end of 2022.
answered on Feb 7, 2023
An attorney would have to take a look at your proprietary lease and the applicable case precedents, as well as the record of other such alleged “violations” in the coop and the treatment which they received, when discovered, by the board or management. The defense of laches might also be useful... Read more »
I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?
answered on Feb 7, 2023
Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... Read more »
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