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Questions Answered by J.R. Skrabanek
3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

J.R.  Skrabanek
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answered on Jul 10, 2024

If the artist is using either the photograph or the mural for "advertising purposes" or for "purposes of trade" then you can put a stop to it through court order (i.e., an injunction) and potentially obtain damages.

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4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

J.R.  Skrabanek
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answered on Jul 10, 2024

There is no deadline by statute. The only way there could be a deadline is some prior agreement between you and the same parties required it.

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1 Answer | Asked in Employment Law for New York on
Q: What opening document do I use for filing a CPLR 7511 motion--a summons & complaint? other?

This is in New York. I have an e-file account and would be using e-file in orange county Supreme civil court.

J.R.  Skrabanek
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answered on May 27, 2024

Petition to Vacate.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Commercial rent dispute in NY. Judge set prelim. conference after SJ motion. Should defense try to settle before prelim?

Plaintiff filed claim for unpaid rent. Defense responded that they were unable to pay rent due to COVID and BLM protests (and thus, are not in breach), and are invoking force majeure clause. Plaintiff filed motion for summary judgment. Defense responded to summary judgment motion. Judge now set... View More

J.R.  Skrabanek
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answered on Sep 15, 2020

Either could work. Generally, settling earlier rather than later is often in the parties' best interests because they reduce their overall transaction costs. The longer the dispute continues, the more the parties have to expend in furthering their interests. However, often settling early is... View More

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for New York on
Q: Does an easement appurtenant ends when the servient estate obtains title to the Dominant estate?

Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate?

J.R.  Skrabanek
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answered on Aug 2, 2020

Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the "merger" of the estates. I hope this helps answer your question.

1 Answer | Asked in Employment Discrimination for New York on
Q: I’m PerDiem employee. I emailed my boss saying I can no longer work Sundays. I’m Christian. She said no. She can do this

Can I say for religious reasons ? Church is very important to me. It wasn’t a problem before. I didn’t work Sundays in the beginning - I only worked Sundays now because of Covid. Church was closed. But now it’s going to open.

J.R.  Skrabanek
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answered on Jul 27, 2020

Your employer is within its rights to not exempt you from having to work on Sundays so long as the employer does not provide preferential treatment to other co-workers of different faiths. If, for example, the employer gives other non-Christian employees one day off each week for their own... View More

4 Answers | Asked in Real Estate Law for New York on
Q: Can a seller accept a 2nd purchase offer after signing and accepting mine in NY state?

I submitted a offer on a house. The seller countered and I accepted. The seller's agent then called my agent stating there was an escalation offer at ask and could we offer seller a little more. I offered $10,000 more. The seller accepted and signed the paperwork, which is sitting at... View More

J.R.  Skrabanek
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answered on Jul 21, 2020

The sales contract--not just the offers--must be signed by both parties to be enforceable.

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2 Answers | Asked in Employment Law for New York on
Q: Can my employer take my picture even though the business is open to the public but it's on private property
J.R.  Skrabanek
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answered on Dec 20, 2019

Yes.

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