Questions Answered by Barry Eran Janay

Q: Any idea on ticket cost for 501B2A and 501B2B in NY Sate?

1 Answer | Asked in Traffic Tickets for New York on
Answered on May 24, 2017

I'm not sure you cited the correct statute / violation number. Please feel free to email me privately with a copy of the summons(es) you received and I'd be happy to figure out the penalties (fines, points, any possibility of imprisonment).
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Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.
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Q: My sister passed away and so did my Mom. My father had a house in P.R. and it is about to be sold by his other children

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Answered on May 22, 2017

Your sister's heirs are her next of kin, that would be her children if she had any, if she didn't it would be her siblings from her nuclear family such as you. Really there is a lot more to this and a full analysis is warranted by an estate and probate attorney.
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Q: Is my landlord allowed to charge me for time I am no longer in possession of my apartment?

3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on May 22, 2017

The other attorneys are correct, a month to month tenancy operates for a full calendar month unless the lease states otherwise. So, in your hypothetical, if you gave notice that you are leaving on June 15, then you must pay the full monthly amount due until July 31.
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Q: The house we rent is being sold. Can we use the rent deposit for a month's rent before the property is sold?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 19, 2017

Generally no, but you need to look​at your lease and also you can also reach out to your landlord and ask.
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Q: Contract closing day about June 10th. Sellers Staying until July. Loan commitment wil be expired. Obligated to re-apply?

3 Answers | Asked in Real Estate Law for New York on
Answered on May 19, 2017

As an alternative to the suggestion by the other attorney, you may be able to close in June, preserve you rate, and enter into a possession agreement where the seller pays you to stay in the property post closing. You can withold part of the purchase price in escrow to ensure that they don't overstay.
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Q: I missing my appear for the following ticket what I do right now?

2 Answers | Asked in Traffic Tickets for New York on
Answered on May 19, 2017

Go to the traffic violations bureau and ask to reopen the case, you will have to post a small bond, but they should reopen the case and give you a new date...
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Q: A carrier claimed they were returning my parcel but they have not. They ignored all my requests for tracking information

3 Answers | Asked in Business Law and Consumer Law for New York on
Answered on May 17, 2017

If you have declared a value and have it insured the other attorney is absolutely correct that you should make a claim to the insurance carrier. If you spent only a small amount of money you should file a small claims action against the shipper in your local court or in the court where they have a presence.
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Q: Who qualifies as a preferred source for contracts?

1 Answer | Asked in Government Contracts for New York on
Answered on May 17, 2017

Depends on the jurisdiction / locale (town, municipality, county, state) and department that issued the RFP.
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Q: In NY, is it legal to offer potential clients a $5,000 reward if we cannot provide a more cost effective solution?

2 Answers | Asked in Business Law for New York on
Answered on May 16, 2017

I am pretty sure that you're referring to a "Fair Trade Law" NY enacted, but the section you quoted pertains to games of chance, not to an offer for a cash reward if you are unable to provide a better deal. As such, it doesn't appear that you would be violating the law by making such an offer. If you didn't actually pay or provide the services then that would be another story.
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Q: Are there monetary caps on the percentage my broker can take out of my stock earnings?

2 Answers | Asked in Broker Fraud for New York on
Answered on May 16, 2017

No, but there can be a claim for excessive commission.
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Q: i just received a notice from dmv (NY) that my license would be suspended if i didn't respond to a ticket from 2008.

2 Answers | Asked in Traffic Tickets for New York on
Answered on May 15, 2017

Best to just address it and get the case reopened otherwise everytime you're driving in NY there is a citation you can receive for unlicensed motorist and potentially other scofflaw charges, some of which can be severe.
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Q: My boss told my employees that I have applied for short term disability. Is that illegal or breach my rights?

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Answered on May 15, 2017

The employer does not appear to have violated any laws, but may have violated it's own policies if you check the company handbook you may be able to determine that. The applicable law HIPAA does not prevent an employer from sharing employee health information with other employees. Most non-healthcare related employers are not “covered entities” under HIPAA and therefore aren’t bound by those rules.
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Q: Do Certificate of Incorporation Under Section 402 of the Not-for-Profit Corporation Law have to be updated periodically?

2 Answers | Asked in Business Law for New York on
Answered on May 15, 2017

You should make the changes, the forms can be found here: https://www.dos.ny.gov/corps/buscorp.html
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Q: Ex left and took most of her things.When can I change locks?How long does she have to be gone to lose squatter rights?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 15, 2017

You can change the locks and tell her to coordinate a time to pickup the personal property she left... The cat is something you'll have to work out with her.
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Q: Does my next-door neighbor have an obligation to prevent Japanese knotweed on his property encroaching on mine

3 Answers | Asked in Real Estate Law and Agricultural Law for New York on
Answered on May 15, 2017

Build a wall and make him pay for it! J/K In all seriousness, its a complicated question of private nuisance and damages. You should notify him of the issue and try to reach a reasonable solution.
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Q: Is it illegal to turn down a handicapped person a handicap parking spot if thaw parking lot is closed?

2 Answers | Asked in Civil Litigation, Health Care Law and Civil Rights for New York on
Answered on May 15, 2017

If the lot was closed to everyone then it's likely not a case of disability discrimination under the American's with Disabilities Act. The reason(s) for the closure are important as well as some sort of accomadation or temporary solution may have been required. More details would help, but it doesn't look like you have a case based on the facts you presented above.
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Q: how to fight a motion to dismiss in Federal court for EEOC 2 nd district.

2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for New York on
Answered on May 15, 2017

Way too much information would be required to adequately respond to this question. If you have a "good case," you should be able to present it to lawyers to evaluate and see if you can find one willing to work on it on a contingency fee basis if you cannot afford counsel.
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Q: Can a non-resident execute a ny POA outside of nys ?

3 Answers | Asked in Real Estate Law and Estate Planning for New York on
Answered on May 15, 2017

Yes, but I believe (and it certainly wouldn't hurt) to get the notarization to follow this format:

Acknowledgement taken outside New York State

*State of , County of, ss:

*(or insert District of Columbia, Territory, Possession or Foreign Country)

On the day of , in the year , before me,

the undersigned, personally appeared

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)...
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Q: Hello I wish to renew my trademark. I registered it in 1994 MANALE - Trademark Details Status: 710 - Cancelled -

1 Answer | Asked in Trademark for New York on
Answered on May 12, 2017

Easiest thing would be to do a new application and explain in a note that you are reviving the cancelled one and either never discontinued use or discontinued use for a period but started using again. More specifics could be helpful and you can always look on the USPTO website which has a ton of information for this particular and similar circumstances.
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