Questions Answered by Barry Eran Janay

Q: Are there state or international trademark laws to keep in mind in addition to federal?

2 Answers | Asked in Trademark for New York on
Answered on Jun 23, 2017

A Federal Trademark will offer you protection in the States that you do business in and the Madrid Protocol / System can protect you overseas since the U.S. is a signatory to that treaty. That said, the strength of your Trademark really depends upon how famous and recognizable it is in those geographic areas in relation to your good or services. It's more complex than just that, I'd be happy to speak with you to provide more in depth analysis.
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Q: can i be sued personally by an attorney that was used for our business?

2 Answers | Asked in Business Law for New York on
Answered on Jun 23, 2017

Probably not, but then again I have on many occasions asked for personal guarantees of payment from my client in my engagement letter, so check your engagement letter for what it says and how it was signed by you.
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Q: Court case for traffic speeding ticket moved for a year due to administrative purposes, can I fight this?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Jun 23, 2017

Write a brief letter to the court that you intend to plead not guilty and fight the ticket however the rescheduled date will conflict with your military duties, cite the Servicemembers Relief Act, more info can be found at the following link:

http://www.military.com/benefits/military-legal-matters/scra/servicemembers-civil-relief-act-overview.html

THANK YOU FOR YOUR SERVICE!
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Q: Got a section 375.30 ticket for an air freshener obstruction of view. Should I plead guilty or not guilty?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Jun 23, 2017

I always recommend that motorists plead not guilty.
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Q: we heard a trust is the way to go, so when we go to a lawyer to set this up what do we need to bring with us?

3 Answers | Asked in Estate Planning for New York on
Answered on Jun 23, 2017

I have an excellent estate planning intake questionnaire I can provide you with if you email me.
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Q: Okay, so it depends on the language....

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 23, 2017

Probably won't matter if a) the docs were filed with the county / register, b) they can submit an Affidavit outlining the documents were lost and what efforts they made to find the originals plus that the duplicates are exact copies.
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Q: How do I get my deposit back on a contract for an investment property?

2 Answers | Asked in Real Estate Law for New York on
Answered on Jun 23, 2017

Most likely your contract states that the premises will be free of tenants (which includes squatters), you do not have to close if there are people in the unit and the Seller must get them out before transferring the property to you. If the Seller cannot do that by the time the contract says he must close by then you do not have to close and should be given your deposit back.
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Q: How does my family dissolve a family LLC in New York?

2 Answers | Asked in Estate Planning and Business Law for New York on
Answered on Jun 23, 2017

Put together a dissolution agreement outlining the terms of the payment of any liabilities and distribution of assets to members / non-members. and then file a final tax return, don't pay the annual fee; If you wish you can file formal dissolution documents with the Dept. of State, but it's not always necessary (i.e. if you have a good reason to do so you do it, if not you can just let the LLC be dissolved automatically by non-payment of the annual fee).
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Q: So you're saying the lender can call the mtg in now in 2017 after eight years?

2 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 22, 2017

That's not what I am saying.
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Q: Q1.If the mortgagor dies in 2009, and the mtg contract is due, but the lender does nothing. Is that deemed accelerated?

3 Answers | Asked in Civil Litigation, Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 22, 2017

The answer unfortunately is that it depends on the language in the mortgage.
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Q: find real state litigation lawyer in nycsuing woodstock towers owners cooperation nyc for pest and molds infestati

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Jun 22, 2017

I can potentially assist, but how many units were affected?
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Q: See below

4 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Jun 21, 2017

If you have a duly executed Contract of Sale and have put up a deposit in earnest the Seller is bound to close with you. If the Seller refused then you can start a legal proceeding for breach of contract requesting the remedy of Specific Performance (forcing the sale of the house to you).
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Q: How do I request a FOIL of DMV for an unreadable ticket that may be past the 15 day response time?

2 Answers | Asked in Traffic Tickets for New York on
Answered on Jun 21, 2017

Just go to the local DMV office / court / TVB in the jurisdiction where you got the ticket and ask for a copy.
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Q: What are the laws regarding webcams and "reasonable expectation of privacy". A neighbor wants my nature cam moved.

4 Answers | Asked in Real Estate Law for New York on
Answered on Jun 21, 2017

It's technically their problem, not yours. The dock is visible from many areas and if they don't want it to be they should put up a screen or a fence. What's to stop someone from across the lake setting up a camera looking at their dock? All this being said, they are your neighbors and reaching a compromise that you both would be happy with is probably in both of your best interests in the long run.
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Q: Can I start an online buisness and sell fidgets(which are toys) before registering to anything just to test the market

3 Answers | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Jun 21, 2017

Yes, just check with the dept. of taxation regarding whether you have to charge sales tax or not if you are just selling online.
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Q: What happens if my broker gives me information that is misleading or completely omitted from his investment

2 Answers | Asked in Broker Fraud for New York on
Answered on Jun 20, 2017

Sounds like you may want to raise the issue with him and either file a FINRA request for mediation or arbitration. We're you damaged financially in any way? You don't have to answer on a public forum, feel free to email me privately to discuss.
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Q: If I won an appeal why would my lawyer claim to have returned the check to the issuing insurance company? I

2 Answers | Asked in Appeals / Appellate Law for New York on
Answered on Jun 20, 2017

More information is necessary, ask your attorney for the appellate court's decision.
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Q: Can an employer fire someone because they purchased property in a state that they have previously had a problem in?

2 Answers | Asked in Employment Law for New York on
Answered on Jun 20, 2017

If you are an "at will" employee you can be fired with or without cause and you can leave with or without notice.
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Q: If an officer can give 2 tickets and only gives 1 and u fight it. Can he bring up the other ticket in court?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Jun 20, 2017

Technically no, the ticket is actually a summons and a summons must put you on notice to be at a certain place at a certain time to answer charges / violations / allegations being made. If you never received the summons how would you know what to defend against?
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Q: How do I respond to a ticket that is complete illegible? The copy is so faint that no information is readable

2 Answers | Asked in Traffic Tickets for New York on
Answered on Jun 20, 2017

Appear on the date and ask for a dismissal. Worst case they give you a clearer copy of the ticket and more time.
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