Questions Answered by Barry Eran Janay

Q: My mother just away away.My sister had the Power of Attorney for my mother.Under 5-1510 Gen Obligations-special proceed

2 Answers | Asked in Criminal Law, Estate Planning and Probate for New York on
Answered on Aug 16, 2017

You can, it is a process.
View Details »

Q: I got rfe on my H1b amendment and filed response,Now waiting for uscis response. In this time can I do new transfer

2 Answers | Asked in Employment Law and Immigration Law for New York on
Answered on Aug 16, 2017

I believe only if you file a new transfer request and cite to the pending response to the RFE...

Call USCIS directly for a precise answer, they are constantly changing their rules.
View Details »

Q: Are potential employers allowed to ask you personal information during an interview (like family status or sexual

2 Answers | Asked in Employment Law for New York on
Answered on Aug 16, 2017

It's definitely sketchy that the interviewee would ask that, tends to show discrimination. Like the other attorney said, not a slam dunk....
View Details »

Q: Is 'Giggle' an infringement on Fiverr's trademark word 'Gig'?

1 Answer | Asked in Trademark for New York on
Answered on Aug 15, 2017

Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as myself, feel free to email me directly) about this for conducting a limited review.
View Details »

Q: House was foreclosed I had bought the water tank and furnace because the original broke. Am I allowed to take it with me

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 15, 2017

Not legally. They are fixtures that are tied to the real estate like any other improvement.
View Details »

Q: Is it legal in NY for the seller to access escrow money with written permission from buyer/seller prior to closing?

2 Answers | Asked in Real Estate Law for New York on
Answered on Aug 15, 2017

The contract, including the escrow agreement portion, can be modified in writing with mutual consent. That said however be very careful about consenting to this since the return of the (full) deposit is one of the main areas of recourse that a buyer has and if it isn't in escrow anymore then you may have an uphill battle.
View Details »

Q: I received a failure to signal turn ticket in NYC, but the officer did give me a break because I was speeding, fight it?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Aug 14, 2017

Probably not worth fighting, count yourself as lucky. If you do choose to fight it though, please email me, I have a great guy to send you to near Ridgewood.
View Details »

Q: I was a social worker at a drug and alcohol rehab. A friend of mine from high school came into the facility. We went

1 Answer | Asked in Employment Law, Health Care Law and Personal Injury for New York on
Answered on Aug 14, 2017

Lawyer up.... Happy to assist if you want to email me.
View Details »

Q: What can one do if a surrogate judge denies them an appeal?

1 Answer | Asked in Appeals / Appellate Law and Probate for New York on
Answered on Aug 14, 2017

You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.
View Details »

Q: Me and my wife,who is on her 8th month of pregnancy, has rented apartment in co-op building for 5 months from the...

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 14, 2017

If eviction proceedings begin you should go down to the court where you were summoned and fill out an Order to Show Cause advising the court that you are a subtenant and of the extenuating circumstances regarding the pregnancy, etc.
View Details »

Q: What release forms do I need?

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Aug 14, 2017

Parental or legal guardian consent would likely be needed, you and someone who is over the age of 18 can contact me to discuss in greater detail.
View Details »

Q: Only asset house/land. Must be sold to pay bills. 3 beneficiaries. 1 wants a parcel of land. Must executor sell to them?

2 Answers | Asked in Estate Planning for New York on
Answered on Aug 14, 2017

An Executor must follow what the will says to do. Feel free to email me the will and we can discuss it.
View Details »

Q: my name is on deed from late father, mother has lifetime tenancy, I live w/ her. do I have any rights in home/

2 Answers | Asked in Real Estate Law and Elder Law for New York on
Answered on Aug 14, 2017

Depends on the precise language in the deed and if you are acting as a de facto landlord or have some other rights as a tenant / licensee.
View Details »

Q: My son advised me to finance an extension on his house when I was over 70 saying it would be better than living alone

2 Answers | Asked in Consumer Law and Real Estate Law for New York on
Answered on Aug 14, 2017

If the finance of the extension was done through a mortgage you may have a right to foreclose on it if he did not pay you back for instance. A lot more information is needed. At the very least put a Lis Pendens on the property so that your claim can potentially be resolved prior to him selling. Again, much more information is needed to figure out whether you have a legal interest in the property or not.
View Details »

Q: Can I terminate a lease that I just issued?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 14, 2017

If he hasn't paid he presumably breached and you can send the required notice to start the eviction proceeding, but if he pays then you are still bound.
View Details »

Q: I am executor of my aunt's Estate. In her Will, #1 is to pay all bills, #2 and #3 leave money to her deceased siblings.

2 Answers | Asked in Estate Planning for New York on
Answered on Aug 11, 2017

I'd need to see the will, feel free to email it to me and I will let you know what would appear to be the correct disposition of the money.
View Details »

Q: A house is listed "as is", if I ask exactly what that is referencing, do they have to tell me?

3 Answers | Asked in Real Estate Law for New York on
Answered on Aug 11, 2017

A licensed home inspector will help you find out if there are problems with the structure and even many aspects of the land the property is sitting on. An attorney can help you evaluate if there are any non-engineering or mechanical liability issues. "As is" means just that... CAVEAT EMPTOR (let the buyer beware).
View Details »

Q: Is an NY residential apartment lease valid if signed but not dated, and if there's no signature from the landlord?

3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 11, 2017

If you're living in the apartment and there is a course of dealing that would be evidence that the lease was entered into. The items you mention that are omitted would be used as evidence that it is not valid. Extrinsic evidence can be presented to support either position. A judge would make a decision.
View Details »

Q: I am the executor & sold the house & now 1 of my 3 siblings won't provide her address. What do I do with her share?

2 Answers | Asked in Estate Planning and Probate for New York on
Answered on Aug 10, 2017

Unless and until she renunciates her bequest you must retain the funds and look for a way to get it to her. That is your obligation as a fiduciary.
View Details »

Q: 1yr contract w/ auto renewal. No notice received so 5-905 applies. Stayed for 2mths after ended. So now on a mth-to-mth?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 10, 2017

Based on the limited facts you provided it sounds like you are renewed for one more year.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.