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2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Alan Harrison
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answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

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2 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: Respondent missed deadline for amended complaint response; next steps for default judgment?

I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More

David H. Relkin
David H. Relkin
answered on Mar 27, 2025

You need to first check the Judge's Rules. Then, if there is nothing governing this issue, submit a simple motion to enter a judgment upon default, stating the facts you recite in your question, and submit a proposed default Order and Judgment.

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2 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: Respondent missed deadline for amended complaint response; next steps for default judgment?

I filed an amended complaint in an employment discrimination civil case. The respondent requested an extension until March 3, 2025, to answer, but the judge never granted the order according to the docket. As of March 26, 2025, I haven't received a response. The court is the US District Court... View More

Vince F. Sykes
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answered on Mar 27, 2025

Have you been able to contact the opposing party? I know the litigation is adversarial, but a courtesy call to see what's going on may save you a lot of time and unnecessary stress. You can always file for a default (if the procedural facts so dictate), the question is whether the default... View More

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1 Answer | Asked in Business Formation, Business Law and Tax Law for New York on
Q: Launching a taxi-hailing platform in New York: legal considerations for capital income exchange and cash split.

I am a developer planning to launch a taxi-hailing platform in New York, partnering with driver cooperatives. What should I consider legally regarding capital income exchange and structuring the cash split with the cooperatives?

Samuil Buschkin
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answered on Mar 27, 2025

This is a great question with a lot of moving parts. Structuring a platform like this—especially in New York—raises regulatory, tax, and contractual considerations. You’ll want to think through how revenue flows between you and the cooperatives, how profits and risks are shared, and whether... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Q: In NY, does non-cooperation with ACD conditions result in arrest if the order is 'by consent'? Why is it enforceable?

In a child protective proceeding in New York, there is an ACD (Adjournment in Contemplation of Dismissal) that requires the respondent mother to comply with several conditions, including cooperating with supervision visits, ensuring her child receives mental health treatment, and maintaining... View More

Peter Christopher Lomtevas
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answered on Mar 27, 2025

Well, just as a breach of any contract carries legal consequences, the failure of a consenting parent to abide by an agreement to go through post judgment activities also carries legal consequences. "Consent" does not mean immunity from complying with cooperating with supervision visits,... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I evict my non-paying roommate in NY without a written agreement?

I need advice on evicting my roommate in New York. We do not have a written agreement, and I'm the only one on the lease and the person who paid the deposit. My roommate has stopped paying rent, and my landlord has refused to evict her because they say I am fully responsible for the lease. She... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 26, 2025

Dear Troy Tenant:

Your landlord has powerful legal grounds to be above your dispute with the roommate. The landlord does not have a legal relationship with your Roommate and so lacks standing to sue for an eviction.

Since you do not have a written agreement with the Roommate and the...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Is 30-day vacate notice legal on unrenewed month-to-month lease in NY?

I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 26, 2025

Dear Brooklyn Tenant:

Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.

New York State eliminated the thirty-day tenancy...
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3 Answers | Asked in Child Support, Appeals / Appellate Law, Civil Rights and Family Law for New York on
Q: Seeking representation for child support arrears and court judgment issues in NY.

I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More

Charles Holster
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answered on Mar 25, 2025

You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More

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1 Answer | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can a former foster parent obtain parental rights or access to a child now returned to their biological parents?

I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More

2 Answers | Asked in Family Law and Civil Litigation for New York on
Q: Can a judge decide a civil family court case without providing requested lawyer?

I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More

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2 Answers | Asked in Family Law and Civil Litigation for New York on
Q: Can a judge decide a civil family court case without providing requested lawyer?

I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

This question proves a confusion of issues which require resolution with an attorney after a review of the case file. Otherwise, a response to this question is merely conjecture.

First and foremost is a thumbs-up to all the attorneys who appear on an appellate division listing of lawyers...
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2 Answers | Asked in Child Custody and Family Law for New York on
Q: How to regain full custody in NY after losing temporary custody?

I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: How to regain full custody in NY after losing temporary custody?

I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

We have no idea what happened to this asker. Another parent entered the picture in January, and poof, the child's custody is flipped and the question is how to unflip. We need more information: the facts, the age of the child, the living details of the parents (incomes), copies of transcripts... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Do I have a case under continuous treatment if my surgeon doesn't assist further?

I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2025

I'm sorry for your ordeal with this matter. From a textbook standpoint, you could make that argument under the continuous treatment doctrine. However, from a practical standpoint, many law firms are not enthusiastic about relying on the doctrine in settings that extend beyond the statute of... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Do I have a case under continuous treatment if my surgeon doesn't assist further?

I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 25, 2025

Under the doctrine of continuous treatment, the statute of limitations is tolled until the last date of treatment where there has been continuous treatment for the condition giving rise to the malpractice action. There has to be some objective continuity between the patient's complaints and... View More

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3 Answers | Asked in Civil Litigation, Probate and Real Estate Law for New York on
Q: Who can I report an illegal property sale to, and can it be reported as stolen if family members without legal interest sold it?

My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More

Stephen Bilkis
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answered on Mar 25, 2025

I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More

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2 Answers | Asked in Probate and Insurance Defense for New York on
Q: Can an executor with beneficiary permission handle an estate-related insurance claim pro se in NY?

As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2025

I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More

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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 21, 2025

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2025

I'm sorry about your tragic accident. Try to find information about the file for your award as an infant. In New York, awards for infants involve hearings before judges and infant compromise orders - if you could track down that paperwork, it should be helpful to the bank in ascertaining your... View More

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1 Answer | Asked in Probate and Civil Litigation for New York on
Q: Can an executor try a case Pro Se in Federal Court with beneficiaries' consent?

In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?

Stephen Bilkis
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answered on Mar 20, 2025

I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More

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