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Questions Answered by Daniel Michael Luisi
2 Answers | Asked in Bankruptcy and Civil Litigation for New York on
Q: How does a large lump sum of SSDI back pay effect filing for bankruptcy?

My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jun 5, 2024

Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More

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2 Answers | Asked in Business Law and Libel & Slander for New York on
Q: I’m a CRE broker. A competitor is making false allegations about my conduct to a large developer to damage my reputation

A deal I was working on recently fell apart. The deal involved a co-broker who represented one of city’s largest developers and my firm. Co-broker is one of the top brokers at one of city’s largest firms.

Over the course of the transaction my client and I worked closely with the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 7, 2023

If you can prove the co broker published the information to multiple parties and that you suffered commercial damage to your reputation as a result, you may have a defamation case. The challenge is usually proving that any loss of business resulted from the broker spreading false information, and... View More

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2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 1, 2023

Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More

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2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

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3 Answers | Asked in Real Estate Law for New York on
Q: My board conducts its annual meetings online and prevents new candidates from running. What are the legal options?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

Your attorney should review the board’s bylaws and the election minutes to determine whether the proper procedures were followed. Common violations involve lack of a quorum and invalid proxy votes. Be advised that you must file your lawsuit to challenge the election within 4 months pursuant to... View More

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2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

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3 Answers | Asked in Banking for New York on
Q: My bank closed my account for no reason ans there not giving me my money back
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 19, 2023

You need to contact the bank’s legal department through an attorney to determine the nature of the alleged violation, and to file an appeal with the bank’s internal compliance department. There are usually strict deadlines to follow and you may be prevented from filing a lawsuit if you have not... View More

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1 Answer | Asked in Tax Law for New York on
Q: What is the max I could contribute to an individual ROTH 401K when my AGI is $24,000? Thank you
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

See here: https://www.irs.gov/retirement-plans/traditional-and-roth-iras.

Be aware that your deadline for contributions for the 2022 tax year is this Tuesday, April 18, 2023, so you need to make arrangements before then if you are looking to benefit for your 2022 taxes. If you have already...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: In NY, is it legal for landlords to charge over 6 years of rental arrears?

I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 13, 2023

You may have the defense of “laches” in addition to statute of limitations (which incidentally has been reduced to 3 years for claims commenced after the effective date of the CCFA). Laches is fact specific: in a nutshell, you must prove by a preponderance of evidence that the landlord waited... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More

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2 Answers | Asked in Collections for New York on
Q: What will happen if $4700 debt goes to the New York state general attorney office?

A university is asking me to pay it and the deadline is passed.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 4, 2023

It depends. If the original creditor is bringing the case (or a lawyer acting on the Uni’s behalf) you may be sued and you will have to oppose the suit in court or risk a default judgment and all that comes with it: bank account seizure, wage garnishments, etc.

The AG may only be counsel...
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1 Answer | Asked in Small Claims, Collections and Contracts for New York on
Q: I was contacted by a lawyer who presented himself as "a debt collector" through a motion to disclose in New York State.

The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.

It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.

although there was some contact before the 6 yr period elapsed,... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... View More

3 Answers | Asked in Consumer Law for New York on
Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?

In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.

Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter... View More

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 28, 2023

If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More

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2 Answers | Asked in Bankruptcy for New York on
Q: my brother was advised the judgement against him is having his bank account frozen. Problem is he has joint acct w mom

my brother has been advised the judgement against him is having his bank account frozen. Problem is he is also joint in my elderly moms account and that is all of her money. He doesnt deposit any money into that account. How do we keep them from freezing her money and taking her money

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 20, 2023

You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order... View More

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2 Answers | Asked in Libel & Slander, Criminal Law and Employment Law for New York on
Q: I was terminated and given a severance package. two of my former direct reports have gone to social media to harass me

What can I do regarding this?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 17, 2023

If you have a properly worded severance agreement you might have a case, even if the disparaging information is true. Non disparagement clauses can cover even true statements. It all depends on the wording of the severance agreement and the facts surrounding the disparaging statements on social... View More

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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Looking for a small claims court lawyer in Queens NY

I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 3, 2023

What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... View More

1 Answer | Asked in Business Law, Civil Litigation, Collections and Small Claims for New York on
Q: new york time to file an answer time the court filing is saying I was served on Jan 12 with an email but I was not

the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 17, 2023

First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... View More

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Amending mortgage loan terms from same lender who is a family member.

I have a mortgage loan from a family member effective Jan 2020. A mortgage deed was recorded (NY) and refers to the respective promissory note. The lender (family member) and I want to amend to adjust the interest rate and term - the interest rate will be adjusted as of Jan 2020. Does the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 13, 2023

Yes, a New York real estate attorney can prepare all the forms necessary to perfect and record the amended promissory note and mortgage. And it should be properly recorded, because New York is a “first to file” state when it comes to real property, so only properly recorded documents will put... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: We built a wall in my co op apt over 20 yrs ago. Now we receive an eviction notice for unlawful alterations. Legal?

We have passed our yearly inspection every year without a problem. We just paid off our mortgage at the end of 2022.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

An attorney would have to take a look at your proprietary lease and the applicable case precedents, as well as the record of other such alleged “violations” in the coop and the treatment which they received, when discovered, by the board or management. The defense of laches might also be useful... View More

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