Questions Answered by Barry Eran Janay

Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

1 Answer | Asked in Business Law for New York on
Answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.
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Q: What recourse do I have in negotiating my rent being raised in New York State?

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 20, 2017

If it's not rent controlled / stabilized and you don't have a lease that indicates the amount by which rent can go up the landlord is free to raise the rent and you are free to not accept it and leave.
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Q: termination vs resignation - what can the background check reveal?

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

You're almost always better off legally getting fired than quitting for the reasons the other attorney mentioned below. That said, when working out a severance (which you can get if you're fired, but not likely to get anything if you resign) have them include a referral letter and a non-disparagement provision. Any decent employment lawyer can assist you with that, if you want I'd be happy to assist.
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Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

1 Answer | Asked in Business Law, Education Law and Tax Law for New York on
Answered on Oct 19, 2017

It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit,...
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Q: If a government contract specifies they want a certain number of people in my business and accept my proposal based on

1 Answer | Asked in Government Contracts for New York on
Answered on Oct 19, 2017

Hire a replacement. Am I missing something? Feel free to email me if you want to discuss further.
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Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.
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Q: I received traffic ticket for speeding. I pled not guilty. There was court date on ticket. I sent it back.

3 Answers | Asked in Traffic Tickets for New York on
Answered on Oct 18, 2017

Call the clerk ASAP and find out. They may have moved the date.
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Q: If my job contract stipulates a leave of notice period, what are the legal consequences of not serving it?

2 Answers | Asked in Employment Law for New York on
Answered on Oct 18, 2017

Without seeing your agreement and ancillary employment docs (company handbook, etc.) I couldn't say for certain, but it appears that they can sue you if you violate the notice period, but they probably won't. Also, the damages they would be seeking would be at most the amount you would have been paid and you can oppose that by showing they failed to mitigate the damages. I would recommend that you engage an employment attorney to consult with during this exit. I routinely handle similar...
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Q: Is there a difference when applying for a trademark for a brand (X-Kitchen) vs. trademarking items that brand sells?

1 Answer | Asked in Trademark for New York on
Answered on Oct 18, 2017

It all depends. Of course you can trademark the brand, which identifies the source of the goods / products / services. You can also trademark the name of a product sold by that brand, which again identifies the source of the goods / products / services. Think of a large company like Coca Cola, they of course own a registered TM for COCA COLA, but they have a number of sub-brands like Dasani, etc. all of which are covered by separate trademarks which provides them each with separate...
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Q: Got a NY state ticket for forgetting to turn on headlight at night. (3752a1 no/inadequate lights) Will there be points?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Oct 17, 2017

If there are it would be 2 points, see: https://dmv.ny.gov/tickets/about-nys-driver-point-system
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Q: Must I apply for Workers compensation Insurance if I own Corporation in NY and I am only employee in the company?

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Answered on Oct 17, 2017

There is an exemption for owner's on worker's compensation policies, but if you do have any independent contractors that you pay be very careful since they may be considered employees and not having a Workers' Compensation policy in place could create huge liabilities.
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Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?

1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Answered on Oct 17, 2017

Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.
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Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.
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Q: I lost my appeal for a traffic ticket violation that suspended my license, anything else I can do?

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for New York on
Answered on Oct 17, 2017

You would need to take it up in the Supreme Court and there is a very difficult review standard to overturn an agency such as the DMV, you'd have to show bias or manifest error.
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Q: The Officer charged me 1229-C(3) not wearing a seat belt instead of charging me 1140 not yielding to right of way.

1 Answer | Asked in Traffic Tickets for New York on
Answered on Oct 17, 2017

The seatbelt one is a non-moving violation, no points, probably not worth fighting.
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Q: My 17 year old son has NJ probationary license-got a ticket in NY for speeding 15 miles over limit. Should we fight it?

2 Answers | Asked in Traffic Tickets for New York on
Answered on Oct 17, 2017

Probably worth it to keep his record clean if you ask me.
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Q: I'm looking to TM a Brand for one specific class. Do I need to list every items I sell? What for? What about futureones?

1 Answer | Asked in Trademark for New York on
Answered on Oct 17, 2017

List the items you currently use, and then in the future when you add to the goods amend it to include the new items.
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Q: I got 2 tickets - running a stop sign and light. Both tickets say the same location. Can I get out of both or just 1?

2 Answers | Asked in Traffic Tickets for New York on
Answered on Oct 17, 2017

Definitely appears worth defending. Email me if you want an attorney to assist you.
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Q: Can a joint tenant (mother) sell share of 3 family house to another joint tenant (son) for $0.00 in 2014 legal?

2 Answers | Asked in Real Estate Law for New York on
Answered on Oct 17, 2017

Zero monetary consideration may be a factor that you can use to attempt to void the transaction, however if there was other consideration that may suffice and have made the transfer / agreement enforceable. If your mom's capacity was diminished those arguments can be made to void the transaction as well.
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Q: In NYS does a will signing with witnesses (two) have to be attested by a lawyer, or could it be done by a Notary?

2 Answers | Asked in Estate Planning for New York on
Answered on Oct 13, 2017

Notary works. There are other requirements such as the following:

1) Bring a Govt issued Photo ID of Testator, 2) it's a good idea to have three Witnesses in case when you go for probate one is unavailable (a Notary Public may be present if the notary is not familiar with the attesting witnesses). 3) Introduce Testator to the witnesses. 4) Testator to be asked whether he /she: asked the witnesses to be present for the execution of the will, (it’s a good idea to read the affidavit of...
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