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Questions Answered by Barry Eran Janay
3 Answers | Asked in Real Estate Law for New York on
Q: My sister bought me out of my share of our parents house with a personal mortgage to me before she passed away.

Her children refuse to honor a mortgage debt of 70,000 to me. What can I do? The mortgage was recorded.

Barry Eran Janay
Barry Eran Janay answered on Oct 30, 2017

Send an acceleration notice and then immediately begin foreclosing on it. It's a big task to do a foreclosure proceeding, so you'll probably need the assistance of an attorney and all in you'll spend $10K or so by the end.

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2 Answers | Asked in Civil Litigation and Probate for New York on
Q: My mom passed away in December of 2016 while cleaning out her stuff I discovered that she took out a life insuranceonme

I also went to have it turned over in my name since my mom didn't have a will do you know how long it takes for the probate to send me that paper so that I can just cash out that insurance

Barry Eran Janay
Barry Eran Janay answered on Oct 27, 2017

You may want to get the death certificate and go down to the Surrogate's Court in the County in which your mother resided at the time she died, they usually have a clerk that can give guidance to people without attorneys. Feel free to email me if you have more questions.

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2 Answers | Asked in Traffic Tickets for New York on
Q: In New York tragic summons is it true if you postphone a ticket and 18 months have passed no points will be issued?

This is a good example on, why I should have not been texting while driving a question like this Lmao! Thanks for your answers.

Barry Eran Janay
Barry Eran Janay answered on Oct 26, 2017

Not exactly, but it is true that points accrue from the VIOLATION DATE and not the ADJUDICATION DATE. Based on the spelling in your question I assume you will need to look up those capitalized words.

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3 Answers | Asked in Traffic Tickets for New York on
Q: I was given a ticket with only a court date set two months from now.. How do I respond?

I was just given a ticket for moving around two cars to make a left turn. I had to go across the double yellow line to do so. There was no on coming traffic at all since there was a red light about 50 yards down the road. The officer kept saying I moved 50 to 100 yards down the wrong way. I kept... Read more »

Barry Eran Janay
Barry Eran Janay answered on Oct 25, 2017

I would fight that if I were you. It also doesn't hurt (from my experience doing this) to get a lawyer to represent you, the court's usually appreciate that and a decent lawyer can look at facial defects on a ticket, cross-examine the police officer, ask you good questions or give you... Read more »

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: I am looking to sell my friend half of the shares of my new S corporation. What paperwork do I need to fill out?

The S corporation has had 0 dollars in or out. It is a brand new company. We are trying to do this without involving an attorney. Also how do I go about making him an officer and what paperwork when I need for that?

Barry Eran Janay
Barry Eran Janay answered on Oct 24, 2017

You asked another question on this forum, you want a stock purchase agreement.

3 Answers | Asked in Business Law and Contracts for New York on
Q: My friend has an S Corp that has 0 earning. He wants to sell me half of the shares. Do we need a contract drawn up?

This is for a collection agency. The business has not been up and running yet. So no money in and no money out. We’ve just gotten everything set up now. Also If there are no earnings does it matter if he only charges me a penny per stock?

Barry Eran Janay
Barry Eran Janay answered on Oct 24, 2017

Caveat emptor, let the buyer beware. Best to do adequate due diligence, which if you haven't done a transaction like this before (which it sounds like you haven't) getting someone to review things with you can be the ounce of prevention that avoids having to pay a pound of cure later on.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: My father just passed away how can I protect myself

He did not have a will and my brother is trying to take over

Barry Eran Janay
Barry Eran Janay answered on Oct 24, 2017

Go down to the Surrogate's court as quickly as possible and ask to speak to the self-represented litigants support staff, they can help you fill out the forms necessary to begin an administration proceeding. You should apply to be an administrator to gain control over the assets / bank... Read more »

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1 Answer | Asked in Business Law and Small Claims for New York on
Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

I am owed money for services rendered as a subcontractor and he’s refusing to pay me do I have any legal recourse seeing as how I live in New York State and he lives in Vancouver Canada

Barry Eran Janay
Barry Eran Janay answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: What recourse do I have in negotiating my rent being raised in New York State?

Last year my rent was raised 9%, but I only got a raise in my paycheck of 2.5%. This year my rent is being raised 6%, but again, I am likely only to get a 2.5% raise at work. I can't financially keep up with this. I emailed the Property Manager, and he bluntly told me that there is no... Read more »

Barry Eran Janay
Barry Eran Janay 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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2 Answers | Asked in Employment Law for New York on
Q: termination vs resignation - what can the background check reveal?

i am looking for a different job in the financial industry and i am suspecting that my employer somehow found out (i am now excluded from meetings, less responsibilities, i get funny looks, etc) and is looking to terminate me. Should i resign or wait to be terminated and what would a prospective... Read more »

Barry Eran Janay
Barry Eran Janay 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... Read more »

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1 Answer | Asked in Education Law and Tax Law for New York on
Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

My wife and I changed our daughter’s school from private to charter June 2017 due to financial hardship before she began the 2017/2018 year.

School in question offered a tax donation receipt for family friend previous year but are refusing to do same for us, firstly citing that they are... Read more »

Barry Eran Janay
Barry Eran Janay 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... Read more »

1 Answer | Asked in Government Contracts for New York on
Q: If a government contract specifies they want a certain number of people in my business and accept my proposal based on

that, what happens if one of my employees later gives notice and quits?

Barry Eran Janay
Barry Eran Janay answered on Oct 19, 2017

Hire a replacement. Am I missing something? Feel free to email me if you want to discuss further.

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband... Read more »

Barry Eran Janay
Barry Eran Janay answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.

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3 Answers | Asked in Traffic Tickets for New York on
Q: I received traffic ticket for speeding. I pled not guilty. There was court date on ticket. I sent it back.

Never heard back from court. Original date is tomorrow. What do I do? Even though I pled not guilty and haven't heard back do I go tomorrow?

Barry Eran Janay
Barry Eran Janay answered on Oct 18, 2017

Call the clerk ASAP and find out. They may have moved the date.

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2 Answers | Asked in Employment Law for New York on
Q: If my job contract stipulates a leave of notice period, what are the legal consequences of not serving it?

I just started a new job. I have been in healthcare for 7+ years, and due to various personal and social pressures I have continued to do a high stress profession I absolutely hate doing. I thought maybe if I got the right job, where all the staff and support is excellent, etc, if I changed some... Read more »

Barry Eran Janay
Barry Eran Janay 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... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Is there a difference when applying for a trademark for a brand (X-Kitchen) vs. trademarking items that brand sells?

What's the purpose for listing the items the brand currently offers? Thanks!

Barry Eran Janay
Barry Eran Janay 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,... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: Got a NY state ticket for forgetting to turn on headlight at night. (3752a1 no/inadequate lights) Will there be points?

Just left a gas station and forget to turn it on.

Barry Eran Janay
Barry Eran Janay answered on Oct 17, 2017

If there are it would be 2 points, see: https://dmv.ny.gov/tickets/about-nys-driver-point-system

2 Answers | Asked in Employment Law and Workers' Compensation for New York on
Q: Must I apply for Workers compensation Insurance if I own Corporation in NY and I am only employee in the company?
Barry Eran Janay
Barry Eran Janay 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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1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?
Barry Eran Janay
Barry Eran Janay answered on Oct 17, 2017

Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

UNANNOUNCED AND FOR 2 WEEKS CONTRUCTION WORK ON OUR BRONX STREET BLOCK CLAIMING UPGRADING YOUR GAS LINE. SHOCKINGLY THIS DAY I WOKE TO FIND THAT THEY HAVE DRILLED A MIGHTY HOLE ACROSS SMASHING SIDEWALK WHICH I HAD PAID FOR DIRECTLY INTO MY OWNER OCCUPIED TWO FAMILY HOUSE INTO THE FOUNDATION ALSO... Read more »

Barry Eran Janay
Barry Eran Janay 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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