Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Daniel Michael Luisi
2 Answers | Asked in Immigration Law and Business Law for New York on
Q: I am currently in OPT and I want to start a business. I read that I can start an LLC and hire an American.

How does that work? Can I be the sole owner of the LLC? When registering an LLC, I noticed that there is an requirement to add LLC Manager. Can I be the LLC Manager while on OPT? Or would that be a violation of visa status?

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

This issue is a little complicated. In general you either need to have work authorization to open a business in the United States, for example, through an E2 investor visa, or you need to partner with a person with work authorization or a LPR or US citizen and basically delegate all day to day... View More

View More Answers

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: Can I be sued in NYS for a breach of contract(Lease) that occurred in 2011? Well past the Statue of Limitations.

Left an apartment complex in 2011. I believed owners wrote off the debt as a loss. Started to receiving info from a debt collector (Lawyer) in 2013. Asked them to provided all information about ownership of debt. They could not. Went back and forth for awhile and finally presented a Cease and... View More

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

I believe that this is a duplicate question. In general, the recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under... View More

2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More

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

The recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under the CCFA; however, you should NOT make any payments as... View More

View More Answers

1 Answer | Asked in Civil Litigation for New York on
Q: is g and p Malik llc still registered in the state of Delaware?

one non voting limited member of LLC has declared in court ,that LLC is dissolved and he has transferred the account under his name.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 24, 2022

We need more information to answer your questions. Was there a shareholder meeting on which dissolution was voted on? Is there a certificate of dissolution on file? Have all taxes and fees been paid? Was proper notice and an agenda provided to the shareholders in advance of the meeting in... View More

3 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: I want to cancel a lease on an apartment I havent moved into yet, they are saying have to pay 2 months rent?

I signed a lease and gave a deposit. Not scheduled to move in until 1/19/2023. Today is 11/21/2022. Requested to cancel, haven't even looked at the place, requested cancellation less than 2 weeks after I secured it. They are saying even though I haven't moved in and wont for 60 more days,... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

Legally, I think what they are doing is very questionable. Real Property Law section 227-e requires you landlord to mitigate damages once he is properly notified that you intend to break the lease. Meaning after being properly notified by you, he can’t simply sit back and let the arrears pile up... View More

View More Answers

2 Answers | Asked in Business Formation, Contracts and Business Law for New York on
Q: Made an investment of $10k (with a total of $40k-$50k with other investors). business dissolved and told I get nothing?

The business was never operational. Expenses we’re very minimal & no debt was accrued. I know some goes to taxes, but I get absolutely nothing back?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

This is a case where a creative retainer might be useful. Meaning, because the dollar amount is small, you can consult with an attorney who can help you draft the litigation documents, guide you through filing and service, and preparation before court appearances. This is a much better option than... View More

View More Answers

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: To appeal a NY State Supreme court decision notice of appeal must be filed within 30 days of getting the decision.

Is the appellant required to submit his reason for the appeal and his description of why he believes the judgement was wrong with the notice of appeal - or can that be done at a later date?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 14, 2022

The forms can be found on the Appellate Division website in the jurisdiction where the trial court was located. See, for example, the Second Department appeals forms: https://www.nycourts.gov/courts/ad2/formsandpracticeaids.shtml. The "informational statement" mentioned by my colleague... View More

View More Answers

1 Answer | Asked in Employment Law for New York on
Q: Does my employer have the right to listen to my conversations when he is away from the establishment. I live in ny state
Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

That depends. Under U.S. Supreme Court precedent you do have some expectation of privacy at your place of employment, though not to the same degree as in your home. You can also waive these rights to varying degrees if you agreed to any terms of service when logging in to your work computer system... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: As a Landlord can I submit a bounced rent check intended for a previous month to cover money currently owed by tenant?

As a landlord, my tenant owes me money for a months rent and refuses to pay. I sold the property but tenant still resides in the residence with new landlord. Money for 1 month rent was owed to me before selling property. Tenant had given me a check that bounced intended for a previous month.... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

You may try to deposit the check again. Be aware that the Uniform Commercial Code permits a bank to refuse to honor a check more than 6 months old, so that’s another issue to consider. Of course if you try to deposit and the check is dishonored again, you will have to pay the fees to the bank a... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: eHarmony is charging me a debt for not paying an automatic renewal.

eHarmony is charging me for an automatic renewal that I didn't pay. A collection agency contacted me recently about the debt and I am looking for ways around paying the debt.

I initially subscribed to eHarmony in August 2020 with a 2 year subscription and was recently notified of my... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Sending them a legal letter with a request to discuss a resolution, demanding validation of the debt, along with other appropriate legal terminology might help get the situation moving. Consider retaining a professional attorney who can also assist you in challenging any inaccurate negative credit... View More

1 Answer | Asked in Consumer Law for New York on
Q: Made hotel reservations confirmation states cost at $1456. I was billed $1820.

And February 28 I made hotel reservations for November 11 through the 13th. Confirmation stated cost to be $1456. I received an invoice and October 15 For the amount of $1820. Is it legal for them to change the cost? I was under the impression a confirmation was a binding contract.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Did you reserve through a booking service? If so the terms of the contract would be contained in the terms of service. If not, did you reserve directly with the hotel? In this case sending them a demand letter requesting an itemized list of the charges might be a good place to start. You can... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Legal Malpractice for New York on
Q: went to a closing 12/4/2007, began signing mtg docs, seller would not sell house. rec'd atty letter no funding

funds could not be released. Chevy Chase Bank was assumed by Capital One bank 2009.

Completed takeover 2010. November 10, 2012 Chevy Chase a (DEFUNCT) bank filed a lien on the property (incorrectly - wrong block and lot number), Chevy Chase (DEFUNCT) bank assigned the purported mortgage... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

When is the foreclosure auction scheduled? If there was a defect in the assignment, you may be able to file an Order to Show Cause to stay the sale, but only before the auction is completed. After that you would have a very hard time undoing the sale.

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Legality of buying one's own products?

I was wondering about the legality of buying one's own products. I was thinking of buying some discounted gift cards for Etsy/Ebay where I sell products, and using them to buy some of my own products, picking up a little profit and boosting my store activity and seller profile. Are there any... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

You have to review the Etsy and EBay terms of service you agreed to when opening your sellers account to determine whether this is a violation of any of their policies which could get you suspended. Legally speaking, apart from terms of service, the only issue I could see is if you are presenting... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for New York on
Q: i want to connect wholesalers to retailers in exchange for commission

I am trying to connect a wholesaler who sells products to a retailer who will resell that product online and I would receive Commission on the the profit that each of them make that each of them makev Do I need a special license for that and where would I find more information on the laws about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Unless you are selling highly regulated products such as chemicals or pharmaceuticals I don’t see that you would need any special license. What you need is a strong contract drafted by an experienced attorney to ensure your commission, along with a business strategy to prevent the wholesalers and... View More

1 Answer | Asked in Banking, Business Law and Internet Law for New York on
Q: Stripe hold my money for 18 months already on my social media agency account and I need help releasing the money

About 5000$ in hold

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

I would need to review with you the documents on your account dashboard for the reason for the hold. Depending on what my investigation uncovers we may issue a legal demand letter to the Stripe legal department.

4 Answers | Asked in Bankruptcy for New York on
Q: I'm trying to find out how to get legal advice on bankruptcy or filing chapter 11 or the best rid of credit card debt

I'm disable with the pandemic that's going on can't afford to pay

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

If you have no assets or taxable income (for example you are on SSI), or very low income, Chapter 7 may be a good option. Alternatively settling the credit card debts individually may be a good option especially by doing so you may be able to damage your credit less, as a bankruptcy will remain on... View More

View More Answers

3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

I agree that your continued performance and acceptance thereof by the company might be interpreted by a court as a continuation of the contract. It would be important to review whether the company is still abiding by the other terms of the expired contract such as the share of the profits you are... View More

View More Answers

3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

You might also try looking at the metadata for the site where you found the design. Sometimes contact info can be found there.

View More Answers

2 Answers | Asked in Contracts for New York on
Q: Hi, I am interested in having an employment contract looked at and seeing if it is binding.

I work for a dealership. They drew up a contract for me to go to school. I have not completed the certification and I would like to leave. I would like to know if I have to pay for the classes I have taken.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

I would have to review the actual contract as the answer to your question depends on the specific terms, language used, and binding case precedents.

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for New York on
Q: I came up with a name Max Level Gear for a clothing/gaming accessory brand and I'm trying to verify I can use that name.

Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

The Lanham Act prohibits using a same or similar mark if it is likely to cause confusion among consumers. You need a comprehensive brand research analysis to answer your question, as trademark ownership in the US is segmented based on use in commerce in any part of the territorial United States.... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.