New York Questions & Answers

Q: A group of friends are developing a video game - what's the best way to make sure we all get credit if we sell it?

1 Answer | Asked in Entertainment / Sports for New York on
Answered on Jun 25, 2017

You should hire a lawyer to draft a partnership agreement and IP agreement. An ounce of prevention is worth a pound of cure, said Ben Franklin -- and with good reason! More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
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Q: I feel that my lawyer picked the wrong strategy to deal with a claim I had - is that malpractice?

1 Answer | Asked in Legal Malpractice for New York on
Answered on Jun 25, 2017

More facts are needed. It depends on whether the strategy was a reasonable one, and it depends on whether you were damaged as a result. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: A former friend is talking cr_p about me on Facebook - do I have a claim here?

1 Answer | Asked in Libel & Slander for New York on
Answered on Jun 25, 2017

Are the statements facts or falsehoods? If they're false, you might sue for defamation if you can prove damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: My daughter's dad asked to see her for the 1st time in a year. I said we will be out of town. Is this grounds for court?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jun 25, 2017

He may file for custody or visits in NY if the child is in NY, and you may respond with your position. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Im in court because my mother wants grandparent visitation and me and my wife dont want her near our child.what can we

1 Answer | Asked in Family Law for New York on
Answered on Jun 25, 2017

You can challenge such visits based on the facts you present here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Am I allowed to know what probable cause officers are stating they had to gain entry with out a search warrent

1 Answer | Asked in Criminal Law for New York on
Answered on Jun 25, 2017

Your lawyer can challenge the actions via your criminal defense matter. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Divorced,have primary care of daughter,she is 13 and doesnt want to visit her dad anymore. do I have to force her?

1 Answer | Asked in Child Custody for New York on
Answered on Jun 25, 2017

Why doesn't she want to see him? You can have her speak with a therapist, and the therapist can testify in court in a new custody petition that you can file. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Ex boyfriend refuses to do DNA test and show up for court for child support ?

1 Answer | Asked in Child Support for New York on
Answered on Jun 25, 2017

You can file a paternity action, and the court can issue an order for him to comply. You can seek child support and custody in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: the mother of my son wont tell me his name the only thing i got was babys born, can i still petition the court?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jun 25, 2017

You can file for custody in court, and you may use her efforts to alienate you as evidence of her unfitness, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: My husband just got arrested for 220.09 FC (CRIM POSS CONTROL SUBST C Felony is there any chance he will get out

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Answered on Jun 25, 2017

See my prior answer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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Q: My 17 yr old son moved out without my permission into his 16 yr old girlfriends house and family.

2 Answers | Asked in Family Law and Juvenile Law for New York on
Answered on Jun 25, 2017

You can certainly contact the parents to help bring the child back, otherwise you can contact the police if that fails. You may face truancy charges yourself, as may he. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
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Q: I own a 4 unit rental property, owner occupied in Niagara county in New York. I am having problems with tenant parking.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jun 25, 2017

What does your lease agreement say about this, and what do the signs so exactly? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: My offer got accepted and the seller signed the purchase agreement on Friday. How do I back out of the agreement?

2 Answers | Asked in Real Estate Law for New York on
Answered on Jun 25, 2017

Your contract may contain contingencies that may afford you the opportunity to cancel the contract.
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Q: If my NYS employment contract does not have breach penalties do I face any reprocussions for breaking it?

2 Answers | Asked in Contracts and Employment Law for New York on
Answered on Jun 25, 2017

Maybe. If what you are about to do causes your employer damages that you could or should have foreseen.

If your employer incurred expenses or damages because of or while hiring you.

These are only a few examples. You should take whatever agreement you have to an employment lawyer and have them spend an hour or two with you giving you worst case scenario.

Then you MAY approach the correct person at your current workplace and negotiate your resignation with or without...
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Q: I legally separated from my husband in 2010 in ulster cty NY. Can he legally marry in Vermont now? Without divorce

1 Answer | Asked in Family Law for New York on
Answered on Jun 23, 2017

A divorce is required prior to another marriage. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: If someone has expressed interest in buying my company should I have them sign an NDA before we talk specifics?

3 Answers | Asked in Mergers & Acquisitions for New York on
Answered on Jun 23, 2017

In order to guard the proprietary information of the business, it is generally best practice to enter into a NDA before you begin to disclose specifics. Make sure to consult with a mergers and acquisitions lawyer regarding the specific considerations when negotiating an NDA.
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Q: Are there state or international trademark laws to keep in mind in addition to federal?

2 Answers | Asked in Trademark for New York on
Answered on Jun 23, 2017

A Federal Trademark will offer you protection in the States that you do business in and the Madrid Protocol / System can protect you overseas since the U.S. is a signatory to that treaty. That said, the strength of your Trademark really depends upon how famous and recognizable it is in those geographic areas in relation to your good or services. It's more complex than just that, I'd be happy to speak with you to provide more in depth analysis.
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Q: So if lease is voided by no fault of the renter and has 90 days to vacate do I still have to pay rent?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jun 23, 2017

You need not pay rent, but you may be liable for "use & occupancy." Retain a local L&T lawyer to discuss your options, as more facts are needed and there is only so much advice a lawyer will post in this forum.

#LegalQ&A
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Q: Can you sue for sexual harassment on behalf of another person?

3 Answers | Asked in Sexual Harassment for New York on
Answered on Jun 23, 2017

How would "the other person" prove damages?

If a person was, for example, raped, that would be a crime, with physical injuries, but unless the other person witnessed the crime what would their damages be? And how would they prove damages if they had to go to court?
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Q: can i be sued personally by an attorney that was used for our business?

2 Answers | Asked in Business Law for New York on
Answered on Jun 23, 2017

Probably not, but then again I have on many occasions asked for personal guarantees of payment from my client in my engagement letter, so check your engagement letter for what it says and how it was signed by you.
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