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Questions Answered by Daniel Michael Luisi
1 Answer | Asked in Consumer Law for New York on
Q: Being sued by NYS for outstanding medical debt from June 2019. Does this fall outside of the statue of limitations?

Not sure how long the statute of limitations is for this situation. Services rendered June 2019, served Dec 2022

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

The Civil Practice Law and Rules was amended in 2020 to reduce the statute of limitations on medical debts from 6 years to 3 years from treatment. You must properly draft and plead your defenses in your answer to the complaint or risk waiving them. There may be other defenses as well, which must... View More

1 Answer | Asked in Employment Law, Intellectual Property and Copyright for New York on
Q: I work at a cookie company and it is not my job to create cookie inventions but I made one on a slow day and they stole

Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 2, 2023

By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.

However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your...
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1 Answer | Asked in Real Estate Law, Business Law and Business Formation for New York on
Q: To move my personal NY real estate license into my LLC, does my LLC have to be incorporated within the state of NY?

I am a licensed real estate salesperson in New York State. I am forming an LLC for various reasons, and would like my broker to pay my commissions to my LLC, which is allowed in the state of New York. My two primary questions are:

1. Does my LLC have to be incorporated within the state of... View More

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

Article 12-A of the New York Real Property Law, Section 441-b, provides:

"In case a person licensed individually as a real estate broker thereafter becomes an officer of a corporation or a member or manager of a limited liability company or a member of a co-partnership an application...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hi is there a way to continue with this trademark process?

I already started the trademark process but it was canceled 10 yrs ago.

I’ve since changed the logo but the name remains the same. Can I continue with what I started?

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

I would just like to add that before you start a new registration application, you must conduct a common law clearance search for your mark, covering every single U.S. geographic market. The Lanham Act does grant a presumption of exclusive use throughout the territorial US to the first successful... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I was applying to a house to rent. Upon my denial of my application, I “had a history of being evicted” and I never was

Is that possible? And what could be the steps I take because I already terminated my job and current lease

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 30, 2022

New York Real Property Law Section 227-f provides as follows:

"No landlord of a residential premises shall refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord tenant action or summary...
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2 Answers | Asked in Collections for New York on
Q: Bank of America is suing me for $7553 dollars. Can I still settle?should I call there lawyer notes on summons?

I made my last credit card payment in 2021. I called BOA July 2022 to settle and the bank could not find my account. I was told that the account was written off. I also looked at my credit report and it stated that the acct was written off. Court papers were filed Nov 2022. Can I reach out to their... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 30, 2022

It is recommended that you have a consumer credit defense attorney demand the documents in the credit account to assess any potential defenses such as the doctrine of laches, failure to include new, additional disclosure requirements in the court papers pursuant to CPLR § 3016(j), as well as... View More

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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: The county took possession of my 40-acre parcel for non-payment of property taxes that my mortgage co. failed to pay.

I have a mortgage on property that includes parcels in two towns in upstate NY. The mortgage servicing was recently transferred to a new company and they paid the taxes on one parcel but failed to pay on the second. The county has taken sealed bids and is scheduled to approve the sale at their... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 29, 2022

New York Real Property Tax Law (RPTL) Sections 1110 and 1111 allow you a “right of redemption”, which requires you to pay all back taxes and penalties on the property, usually within 2 years of the lien, to stop a lien foreclosure sale.

If the county has already filed a petition to...
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1 Answer | Asked in Business Law and Contracts on
Q: HiI am a reseller. Amazon hold my money without any reason under section 3. How can i withdraw my amount from amazon?

My all orders are cleared and i don't have any complain regarding any fraud or any deceptive item. If any customer have an issue. I refund his amount.

Amazon still not releasing my amount.

I need help & information, how can Amazon release my amount.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 28, 2022

A qualified Amazon attorney would have to take a look at your account and do an official inquiry with the Amazon Seller Central Legal department. Some common reasons for withheld funds include the following, as well as any other breaches of Section 3 of the Amazon Business Solutions Agreement: (1)... View More

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for New York on
Q: Do I need any business licence or resale licence to drop ship on Shopify or Amazon FBA?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 28, 2022

Some of the licenses and permissions you need include the following: (1) Certificate of Authority by New York State Department of Finance to collect sales tax: (2) Resale Certificate [if applicable] from Dept of Finance; (3) You must file quarterly Sales Tax Returns Form ST-100; (4) There are other... View More

1 Answer | Asked in Banking for New York on
Q: can i sue my bank for locking my bank account without my approval or confirmation or notificationnthat they are locking
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 27, 2022

What you need to do is demand the bank send you the proper notification and exemption claim forms pursuant to the Exempt Income Protection Act. You need a legal demand letter citing to the proper laws and regulations and demanding the documentation including the notice of restraint and execution... View More

2 Answers | Asked in Foreclosure for New York on
Q: A judge had a court order for the other party to do by the next court Date on the next court dates it was adjourned

5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

You did not ask a question. If you are unhappy with the progress of your case, that is understandable given the situation you described. But other than the fact of several adjournments and a summary judgment ruling against you, you have not presented any facts which an attorney can analyze. Just... View More

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1 Answer | Asked in Child Support for New York on
Q: I pay child support to my ex-wife for three children. Our oldest child is 19. She wants him to pay rent. Is that legal?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

By trying to have your child pay rent while receiving support payments, she may be misrepresenting her needs to the court. Family Court Act Section 413 (The Child Support Standards Act) provides that the non-custodial parent must pay the "basic child support obligation" in a percentage of... View More

2 Answers | Asked in Business Formation, Business Law and Securities Law for New York on
Q: can I have legal liability by sharing financial statements from another location with an investor
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

Every action that a corporate officer undertakes can potentially lead to liability under State and Federal Securities laws, banking laws, contract laws, fiduciary rules, and more. Your question is extremely brief. My guess is that it's only an iceberg question: meaning there is a lot more... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: My lawyer have my check for about a month and won't release it to me and I keep asking but no real answer what can I do

They said they were waiting for the insurance company to send them a letter I'm writing their limitations. I emailed and asked the first emailed no response I had to emailed again and asked for a update and was told they will have a update still no update about when will my check be released... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

Sometimes there are delays in negotiating insurance liens on your settlement recovery. Sometimes, someone went on vacation, or the papers are just sitting there on someone's desk. Putting your inquiry in writing in the form of a certified letter probably wouldn't hurt.

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2 Answers | Asked in Criminal Law for New York on
Q: I was caught shoplifting but not arrested. I am being charged though. What does that mean?

The police did it arrest me but said that he can still charge me. Will I go to jail?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

Did you receive a "desk appearance ticket?" This is the normal procedure where you were not arrested, but charged for a crime after an encounter with the police. It is the most common method of processing a shoplifting case. A Desk Appearance Ticket will indicate that you are to report to... View More

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3 Answers | Asked in Business Law for New York on
Q: I have a holding company (S corp) and three separate LLC's. I'd like to make the LLC's subsidiaries of the S corp. How?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 20, 2022

You need a stock purchase agreement by which the S Corp will purchase the LLCs. There are certain legal consequences of this, such as the new entity assuming the liabilities of the constituent entities. You can also structure this as a stock exchange or traditional merger pursuant to the Business... View More

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1 Answer | Asked in Criminal Law for New York on
Q: I was caught with petit larceny first offense at Walmart, I’m 18. What are the chances I don’t get charged or on record?

They didn’t say the amount but I’m guessing it’s around $80-100. I have never been to court so I don’t know what to expect. My first court appearance is on December 21st. Should I plead guilty or not guilty?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 19, 2022

You need to retain counsel ASAP. You may be eligible for a youthful offender status determination if you have no prior record. Do not enter any plea before consulting with experienced criminal defense counsel.

1 Answer | Asked in Business Law, Contracts and Employment Law for New York on
Q: Are client lists still trade secrets if there is no written employment agreement that says so? Can you use the list?

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Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

In New York, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret. In New York, courts look at six factors to determine if information should be considered a trade secret:... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: Which court in Brooklyn NY should I file a civil lawsuit against the credit bureau under the Fair Credit Reporting Act?

Case Information: The case should be brought under the US Code 1681(b) (I) & (n)

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the... View More

1 Answer | Asked in Employment Law, Copyright, Business Formation and Business Law for New York on
Q: If there is no written employment agreement, is the work for hire doctrine still valid? Is the employer still the author

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Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More

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