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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Does the Harlan kardon onxy studio 1 have any patents that is currently enforced or expired? If so what one are they?

I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.

David Aldrich
David Aldrich
answered on Sep 25, 2023

Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others

I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?

Stephen E. Zweig
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answered on Sep 25, 2023

A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).

If you did something unusual...
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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: A friend said that you don't own the land your house is on in NYC, even if its paid for, is this true?

It's paid for and I pay the taxes.. Please advise, in detail. Thank you.

T. Augustus Claus
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answered on Sep 22, 2023

In most cases in New York City, if you own a house, you also own the land it's on, known as "fee simple" ownership. However, there are exceptions, like land leases in some co-op buildings, where you might not own the land. If you're paying property taxes and have a standard... View More

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1 Answer | Asked in Personal Injury for New York on
Q: Can I sue the Red Cross for atrial puncture injury caused during blood donation?

After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Sep 22, 2023

Hello - so sorry about your situation. What you describe sounds terrible. In order for you to have a malpractice claim, you would need to prove that the nurse or whoever did the blood draw deviated from a normal standard of care. You should consult with an attorney to discuss your matter further... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can Brooklyn landlord accept prorated rent, but say they are keeping it as a fee and tell me to move by the 30th?

I am renting in Brooklyn in a long-term Airbnb. I pay the leaseholder directly. I told her I was moving, but paid for 5 days for the following month because I plan to move on the 1st or 2nd. We don't have a written agreement, but she said that I have to move on the 30th. I said that's... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 20, 2023

Dear Brooklyn Tenant:

It is hard to say which side is right because you and the tenant acted outside the law as presently consituted. A long-term Airbnb is indistiguishable from a sublease since Airbnb is ordinarily a short-term rental (that is under thirty days) and, in most instances is...
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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for New York on
Q: Is this fraud and if so, do I have legal recourse to do anything about it?

When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More

Carl Nelson
Carl Nelson
answered on Sep 19, 2023

While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: Can a landlord contract out (eg lease says 60 days) of the NYC law to return a security deposit in 14 days?
T. Augustus Claus
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answered on Sep 19, 2023

In New York, state law mandates that a landlord must return a security deposit within 14 days after the tenant has vacated the property. Even if a lease agreement states a different duration, such as 60 days, provisions that attempt to waive or diminish a tenant's rights under the law are... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for New York on
Q: My sister left mutual fund money to my mother but my mother’s death preceded the death of my sister. My sister’s husband

also died and before that his brother was appointed his guardian as he had dementia. Am I entitled to this money or should it go to my sister’s husband’s family? This happened in New York City.

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets... View More

2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
T. Augustus Claus
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answered on Sep 18, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.

The name of a military aircraft like the...
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2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
James L. Arrasmith
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answered on Sep 21, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber may cause intellectual property concerns, especially if the name is being used in a commercial context.

It's essential to consider trademark and copyright laws when naming products, as using names associated...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

T. Augustus Claus
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answered on Sep 18, 2023

If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More

2 Answers | Asked in Family Law for New York on
Q: In family court, I am acquainted with my ex's lawyer. What factors give rise to an apparent conflict of interest?
T. Augustus Claus
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answered on Sep 18, 2023

In New York family court proceedings, an apparent conflict of interest can arise if your ex-spouse's attorney has a prior or existing relationship with you that could compromise their ability to provide impartial representation. Such conflicts may stem from personal relationships, prior legal... View More

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2 Answers | Asked in Contracts for New York on
Q: hi, is there anyway I can help in a contract case online?
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2023

With the brief Q & A format of this site, it could be difficult. It isn't set up for exchanging attachment files for review and comment, not to mention the issue of confidentiality on a public forum. One option could be to look into whether there are sites out there that so offer such... View More

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My father past away. We don't know if he left a will or a trust. How do I find out.

There's 2 other siblings

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Check the Surrogate's Court of the county he might have filed his will, typically that of his residency, for a will. If nothing is there, contact the attorneys you are aware he most recently used for legal matters. If that's a dead end, run an advertisement in the local bar association... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: Is a real estate deed still valid if it was never recorded?

Hi,

My father recently passed away. About 5 years ago my father told me that he recorded a new deed for his house. The new deed transferred ownership from him, to him and me, with joint tenancy with the right of survivorship. We found the original deed in his house, it was completed and... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

An unrecorded deed is still valid and should be recorded asap, as NYS is a "race" state meaning of two valid deeds, the first filed has priority even if the other was more recent. Upon the death of one joint tenant, the survivor automatically obtains full ownership. Also, although there... View More

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3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an... View More

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3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 19, 2023

Sorry to hear what you've been going through. It is unlikely that your insurance company would be responsible for any physical harm you sustained due to its denial (or delay) in approving additional physical therapy visits. Although you could conceivably claim that the insurance... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Carl Nelson
Carl Nelson
answered on Sep 16, 2023

I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Counter claims left open despite motion to dismiss because they are evidence to the case

A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Can you direct me to the legal act that protects personal injury settlements from garnishment by creditors in NY State?
T. Augustus Claus
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answered on Sep 14, 2023

In New York State, personal injury settlements are generally shielded from garnishment by creditors through a combination of federal and state laws. While there isn't a single specific legal act that offers this protection, it's derived from various legal provisions. Federal exemptions... View More

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