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Questions Answered by Barry Eran Janay
1 Answer | Asked in Business Law for New York on
Q: PARK ‘N FLY is US Service Mark registered Does the following in any way unlawful “www.bestparkandflydeals.com”

“www.best parkandflydeals.com”

is just in New York (JFK only)

whereas PARK ‘N FLY is in other states

Barry Eran Janay
Barry Eran Janay answered on Jan 18, 2019

Good question, probably belongs in the Trademarks category since Trademarks and Servicemarks are the same set of rules. Your question would boil down to whether an objective consumer would be confused by the domain, if they would be then it would potentially be an infringement. That said, a good... Read more »

3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service
Barry Eran Janay
Barry Eran Janay answered on Jan 8, 2019

Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.

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1 Answer | Asked in Civil Litigation for New York on
Q: Statue of Limitations for Article 78

I tried to correct a birth certificate but received a denial letter from NYS Dept. of Health saying I need a supreme court order. The letter is dated 11/5, is there a statue of limitations?

Barry Eran Janay
Barry Eran Janay answered on Jan 8, 2019

While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. /... Read more »

3 Answers | Asked in Contracts, Business Law, Energy, Oil and Gas and International Law for New York on
Q: Is it possible to claim legal ownership over all the dark matter in this universe?

I know I'm going to sound crazy on this one. I have been seeing a lot of celebrities buying acres of land on the moon, and it got me wondering if there is any possible way for one entity - albeit a company or a country - to claim ownership over all the dark matter/energy in this universe? Can there... Read more »

Barry Eran Janay
Barry Eran Janay answered on Feb 23, 2018

I actually am the deed owner of said dark matter, I got it at a foreclosure sale in Queens, NY a few years back.

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2 Answers | Asked in Employment Law for New York on
Q: Employer is slated for a takeover 2 weeks prior to my due date. Will I still qualify for NYS paid family leave?

I have been a health care provider in this office for 4 1/2 years. Under my current contract I qualify for 3 months of continuance pay while on medical disability, followed by NYS paid family leave for maternity leave. My employer is slated to be bought out 2 weeks prior to my due date. My... Read more »

Barry Eran Janay
Barry Eran Janay answered on Dec 7, 2017

You're likely an employee at will, meaning every day you show up voluntarily and you can be terminated with or without cause. When your company gets taken over presumably the new employer will immediately implement their existing policies and you will not have the benefit of prior policies. I'd... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: Dad's will in NY State says estate is to be split 50/50 to son and daughter. Estate has $450,00 in cash and a piece of

property valued at $171,000. If sister gives $85,500 of her share of estate to brother and she retains 100% of property is it considered a gift?

Barry Eran Janay
Barry Eran Janay answered on Dec 1, 2017

No, it shouldn't be as long as it is properly documented. A gift would be if there was no value exchanged, here there is clearly value (in fact equal / identical value) being exchanged.

2 Answers | Asked in Real Estate Law for New York on
Q: Hello, I wish to seek legal advice on a house I was in a contract to buy. Seller backed out randomly and sold it.

Hello, I wish to seek legal advice on a house I was in a contract to buy. I had Mortgage and everything done. Once my mortgage bank was asking to schedule the closing day for the house, the seller stopped responding. Soon after he sold the house to someone else while still holding our down payment... Read more »

Barry Eran Janay
Barry Eran Janay answered on Dec 1, 2017

There may have been an action for specific performance to sell to you, but if your lawyer backed out of the deal without your knowledge or consent then it sounds like you potentially have a malpractice action against him/her. That said, I'm highly skeptical that there was no "time limit" clause on... Read more »

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2 Answers | Asked in Estate Planning for New York on
Q: Estates: Precedence of joint bank account survivor vs. addendum to will

My mother's estate has a few bank accounts, some bank accounts had joint ownership with any one of her 3 children. In a signed addendum to her will, she explained how to distribute the bank account assets between her 3 children (50%/25%/25%) "regardless of the name on the account." I believe for... Read more »

Barry Eran Janay
Barry Eran Janay answered on Nov 29, 2017

Depends on whether the supplement to the will was valid, I would argue that it likely is if it is referenced to the will and incorporated into the will by reference. Speak to an estate planning attorney who should be able to give you more specific guidance. Please email me directly if you have... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: no will and parents are deceased is it legal for my sister to continue paying mortgage under my mother's name for 3yrs?
Barry Eran Janay
Barry Eran Janay answered on Nov 29, 2017

Not really. The bank should be advised of your parents death and you and your sister are under the rules of intestacy most likely the owners as tenants in common of the property. If you want to sell it you should start an administrative proceeding to get letters of administration in your name and... Read more »

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3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: What are the best ways for a child to purchase assets from parents and avoid the estate tax (state+federal)?

I recently heard that the Federal Estate tax was around 40%... Also, I heard that on top of the federal estate tax, some states had their own estate tax. Therefore, I want to avoid this by purchasing the assets from my parents over time while they are alive. Would this be feasible? What are the tax... Read more »

Barry Eran Janay
Barry Eran Janay answered on Nov 29, 2017

If you're purchasing the assets with your own money there is NO estate or gift tax implication so long as it's reasonably tied to the fair market value for the assets. Furthermore, there is a lifetime exemption in the estate / inheritance tax at the federal level for $5.4M in gifts from... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Business Law for New York on
Q: If I purchase another member's interest in an LLC, does that mean I own proportionally the LLC's assets?

My mother has an LLC with property owned by it. If I were to purchase 90% of the interest in the LLC, would that asset than be 90% mine?

Barry Eran Janay
Barry Eran Janay answered on Nov 29, 2017

Yes. If you buy the LLC interest you own a percentage of the LLC and it's assets, the LLC also may have liabilities so perform your due diligence thoroughly. A decent attorney can assist you in this transaction.

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3 Answers | Asked in Employment Law and Sexual Harassment for New York on
Q: I need a lawyer to represent me for unemployment,and sexual harassment and workplace violence.

I have been complaining to several people at Tops Markets about the work place harassment and the abuse.I was then fired for a excuse to get me out.they agreed in writing to uncontested unemployment then they sent in a damming claim letter.

Barry Eran Janay
Barry Eran Janay answered on Nov 15, 2017

Email privately, I can assist.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I was issued a speeding ticket today. I can't find anywhere on it the fine I owe. Can I use that in my defense if I go

to court. Also I was not read my Miranda Rights.

Barry Eran Janay
Barry Eran Janay answered on Nov 14, 2017

Those aren't defenses.

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2 Answers | Asked in Estate Planning and Foreclosure for New York on
Q: In New York can you update estate administrator paperwork with another heir if you originally checked sole heir?

And if you do will there be any legal repercussions? And if you are in foreclosure and the bank didn't know about the 2nd heir, how does that affect things?

Barry Eran Janay
Barry Eran Janay answered on Nov 8, 2017

You need to get things corrected in the surrogates court and request that the Supreme Court handling the foreclosure action stay that case pending resolution in the Surrogates Court.

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2 Answers | Asked in Estate Planning for New York on
Q: How long does an administrator have to give a beneficiary their money from an estate?

My father passed away and my mother is administrator, after the money is ready is there a timeline to where she has to give my share and does it have to be the full amount or can she give a little at a time?

Barry Eran Janay
Barry Eran Janay answered on Nov 3, 2017

It really depends, typically no more than 2 years since all taxes must be paid and creditor claims resolved...

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1 Answer | Asked in Traffic Tickets for New York on
Q: speeding ticket

ticket convicted for speeding last week ( 6 points in ny) on a 3 year old ticket ..so no pts on license but 300 dollar assessment fee was issued and i only paid this years portion... do i need pay the entire assesment fee to insure no pts on dmv record or its separate and can pay partial each... Read more »

Barry Eran Janay
Barry Eran Janay answered on Nov 3, 2017

If you were convicted three years ago I believe those 6 points would be gone by now, but you can confirm this on the DMV website.

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Good Morning!!!! Who can my mom have look over a court case to make sure everything is being handled correctly? Jen

I am actually writing in regards to a situation my mother has been dealing with and has caused her a lot of stress and is costing her a lot of money. My grandmother passed away 6 years ago. She shared a 2 Family house with her brother. When she passed she left my mother half of the house.... Read more »

Barry Eran Janay
Barry Eran Janay answered on Nov 3, 2017

Since your Uncle was Ordered to sell and now refuses it sounds to me like another Order from the court can be sought holding him in contempt for violating the first Order... The contempt charge should carry enough of a threat to convince him to sell as he was originally supposed to do and agreed to... Read more »

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2 Answers | Asked in Estate Planning for New York on
Q: My mom passed 7/17, and had no will. My brother became sole administrator to estate,. I as other beneficiary still live

in the estate (house). Mom had 2 children. As administrator, does my brother have the legal right to kick me out of house, even being the other beneficiary of the estate?

Barry Eran Janay
Barry Eran Janay answered on Nov 2, 2017

He will be able to sell the house, you should put an appearance into the probate court to be co-administrator.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket on an exit ramp

There is about a 1/4 mile exit ramp called the Harlem River Driveway located between the Harlem River Drive and West 155th Street in Upper Manhattan. I was decelerating up the ramp from the 50mph highway when I was pulled over for doing 46 in a 25. The cop’s radar was pointed at me as I passed... Read more »

Barry Eran Janay
Barry Eran Janay answered on Nov 1, 2017

You can fight this, but it will come down to your testimony vs. the officer's. Once you got to that sign you had to be going 25 mph... Tough case.

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1 Answer | Asked in Business Law and Constitutional Law for New York on
Q: Is computer code a language protected by the first amendment?
Barry Eran Janay
Barry Eran Janay answered on Oct 30, 2017

I'm unaware of any case that says it's not afforded the protections...

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