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Questions Answered by Daniel Michael Luisi
1 Answer | Asked in Consumer Law for New York on
Q: Quest billing $4,500 for labs where the allowable amount is $375

I saw a doctor licensed in Florida virtually in New York. They ordered labs for me at Quest, which I thought was covered under my Florida blue cross insurance. I received a bill for $4,500 with the following statement: “The out-of-state Quest Diagnostics location claim processed as... View More

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

Under the New York Insurance law and federal No Surprises Act, you may be protected from this “balance billing” tactic, depending on several factors that can be evaluated by your attorney.

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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1 Answer | Asked in Banking and Civil Litigation for New York on
Q: legal protections on loan

i took out a loan via reddit(im in ny they are seemingly based in canada) 2000cad for 7750 cad repayment in installments

unfortunately with a sick grandmother and being disabled the debt and subsuquent repayments have become crushing i wish i hadnt taken out the loan but i was desperate at... View More

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

Usury might be a defense, along with enforceability of the note. Consult an attorney to evaluate your case.

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 Consumer Law, Communications Law and Internet Law for New York on
Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?

My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 18, 2023

You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case.

1 Answer | Asked in Tax Law for New York on
Q: My mother received a wrongful death award (one of my sisters passed in an accident) and she wishes to gift me $100,000.

Do I need to report this gift to the IRS and/or pay taxes on it? My mother is not a US citizen nor a resident here.

Thank you

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

There’s no simple answer to this question. There are specialist attorneys who handle these sorts of situations. Not reporting correctly can result in very large liabilities.

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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1 Answer | Asked in Tax Law for New York on
Q: my mom received a legal award and wants to gift me 100,000. Will this gift be taxable and do i need to report it ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

It really depends on all the facts. There are lifetime gift limits, rules on reporting settlements to Medicare, Medicaid and the Social Security administration, and many more situations that can only be evaluated on a case by case basis.

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 Real Estate Law and Landlord - Tenant for New York on
Q: How can I get forfeited security deposit back (more details below)?

I applied for a New York apartment, it was accepted, and I paid the security deposit. The application states that the security is forfeited after 2 weeks if a lease is not signed. This was on March 17th. We had agreed I could sign the lease in mid-April (no exact date). I had decided to go with a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

Have an attorney serve them with a demand letter. You can also report them to DCHR if compliance is not forthcoming.

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3 Answers | Asked in Immigration Law for New York on
Q: Im 18 and want to petition my husband, will that work?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

Yes, an 18 year old U.S. Citizen with a U.S. domicile may file an immediate relative petition for a spouse. You probably heard that you need to be 21 years old; that only applies to filing for parents and other relatives.

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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 Contracts and Civil Litigation for New York on
Q: The reason for my failure in using the statute of limitations was that just before the 6 yr period elapsed in NY.

I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.

How do you claim service if there is... View More

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

In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.

3 Answers | Asked in Small Claims for New York on
Q: How should I handle a case in which a debt collector purchased the debt from a no longer rental management company?

This event took place 13 years ago and there has been very little activity around it for 7 yrs. I presented a motion to dismiss based on dormancy, but the judge ruled against me and told me to answer the claim. I did .

What is my next step in my efforts to get this matter dismissed?

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

You need to have an attorney review the case. There is not enough information in your question to advise you.

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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

2 Answers | Asked in Employment Law for New York on
Q: Is my non-compete agreement with my former employer enforceable?

I am a physical therapist working in New York. Recently I was given a job offer from a potential new employer that is good enough for me to accept. However, I have a non-compete agreement with my old employer that I voluntarily left in July 2022. The agreement states that for a period of 2 years, I... View More

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

In general non compete agreements may be enforced but if you can show it is unreasonable and unnecessary to protect the employer’s interests, you may be able to ignore it or defeat it if the former employer tries to enforce it. This is a question of contractual interpretation and an analysis of... View More

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