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will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic
answered on Jan 29, 2023
Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... View More 
answered on Jan 26, 2023
Yes. Pursuant to New York Judiciary Law Section 527, any person who fails to respond to a jury questionnaire served personally or by U.S Mail, and further fails to comply after being served with a “notice of non compliance” personally or via U.S. Mail, may be subject to a “noncompliance... View More
Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... View More
answered on Jan 25, 2023
There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... View More
What are the steps I need to take to get the judgment as he is not paying voluntarily. Thank you
answered on Jan 24, 2023
Your options are found under Article 52 of the Civil Practice Law and Rules, which contains most of the judgment enforcement devices in New York. The most common devices are bank levies and wage garnishments. These procedures involve you preparing paperwork called an "execution levy," and... View More
I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... View More
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... View More
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America
answered on Jan 20, 2023
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More
Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?
answered on Jan 20, 2023
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... View More
Contractor sending my money back. I agreed to not sue, if I get back by a date. They are late paying. Can I forward litigating, even after settlement dollars sent late?
answered on Jan 18, 2023
That depends on the provisions of your contract covering waivers of defaults, if any. If you are paid in full under the terms of the stip, even if late, there would be nothing to sue for unless there are some additional penalties outstanding. An attorney would have to review the terms of your... View More
If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?
answered on Jan 17, 2023
If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... View More
We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.
answered on Jan 17, 2023
You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... View More
1. All documents were still Under Seal on January 3rd. Then The Court required me to disclose. I disclosed all documents on January 6th, 2023. ( See the attached file.)
2. The defendant made defamation statements against me when he has not seen any document on January 3rd, 2023. This is... View More
answered on Jan 16, 2023
Any attorney would need more information to figure out what is going on and advise you how to proceed.
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... View More
answered on Jan 16, 2023
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... View More
Hello,
I am a US citizen and used to work for a company in NH. I spent over a decade there and then decided to move on to start my own company. FYI, I have never had any non competes or any NDAs with the company.
The issue at hand is about an electronics idea that they consider a... View More
answered on Jan 16, 2023
This depends, as usual, upon a review of the detailed facts regarding the alleged "trade secret" in your case. In general, 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... View More
While theirs is 2D, other colors, transparent, has no shadows and is horizontal, Ookis' quite different. Can they really do that?
They already lost this once against cinkciarz.pl. The Polish company claimed that Mastercard should never have been allowed to register them since they were... View More
answered on Jan 16, 2023
You might be able to defeat their claim. However, unless you know how to effectively draft an opposition legal letter and have a deep knowledge of U.S. Copyright law and case precedents, it's going to be very difficult for you to convey the strength of your position. The case you cite was... View More
I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.
answered on Jan 14, 2023
Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View More
answered on Jan 13, 2023
What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... View More
purchase an investment property in New york. There was a signed mortgage note for the loan. The note states the loan is subject to the laws of New York. In 2014 my sister learned of the loan and coerced mom to requesting repayment. The building was sold and mom accepted $100K, had the attorney... View More
answered on Jan 8, 2023
There are many legal issues here that need to be reviewed by an experienced real estate litigation attorney, and probably also a probate attorney. Think about how you got yourself into this mess in the first place: relying on verbal assurances when exchanging very large sums of money without... View More
Not sure how long the statute of limitations is for this situation. Services rendered June 2019, served Dec 2022
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
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