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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Products Liability for New York on
Q: My new product includes anime/cartoon characters

My new product includes anime/cartoon characters

I’m a small business owner and my new product is a phone case, I will be decorating a phone case with dead’s and stones along with an anime figurines (like sailor moon, power puff girls). I’m going to buy and collect these figurines... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: I live in Waterford, NY and our lease is about up and don't auto renew. Can he make us leave?

The reason it don't auto-renew is that he emailed me stating that he was not renewing it about 2 months ago. It was a 90 day notice via email. Not in writing. He want's to move in our apartment on September 1st and we can't find a like place around here. My wife is on unemployment... Read more »

Elaine Shay
Elaine Shay answered on Aug 3, 2020

Unless you are protected by a lease or rent regulation, a landlord does not have to renew your lease. However, if you do not voluntarily surrender possession, the landlord must start a court case and obtain a judgment before you can be evicted. If you are current on your rent payments, the Court... Read more »

3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael H. Joseph
Michael H. Joseph answered on Aug 1, 2020

No, New York is a one party consent state. So as long as one party knows it is fine.

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1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: Car repossessed. Possible lemon law issue.

My Wife had our car at a mechanic shop. The seller of the car tried to take the car from their property. The mechanic shop said stay off their property. The seller went back late at night and took the car. We stopped paying for the car because we found out that the car couldn’t pass inspection.... Read more »

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

Part of a Lemon Law claim is owning the car, which means continuing to pay for it. If you seek to file a Lemon Law claim, you'll need to catch up on your car payments before you can get it back.

You might want to contact an attorney who focuses on Lemon Law to help you sort this issue...
Read more »

1 Answer | Asked in Consumer Law for New York on
Q: In New York State, is is legal to sell antique medicine bottles if they still have the contents in them?

I going through my parent's estate, I found 2 fairly large bottles of old-time quack medicines. One listed ingredients as strychnine. Both bottles had significant quantities still remaining in them. I know pharmacies won't take prescription containers if the medicine is still in them.

Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

It's hard to say what type of attorney is closest to your issues, because it could introduce a number of issues, in terms of controlled substances (medicines that might not have been controlled at the time of production), poisonous substances (strychnine is a poison - a toxicologist could... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Copyright for New York on
Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

John Brian Hudak
John Brian Hudak answered on Jun 12, 2020

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark...
Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

Can anyone directly see any court records on the court websites, or is there a different type of procedure to request documents? Do you need some type of credentials to view... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

There isn't really a formal procedure. A California attorney could advise about the systems used there. In New York, you could access decisions on the website of the Unified Court System. Additionally, there are databases such as PACER where you can find cases. About your other questions, yes,... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: How much would it cost for you to send a letter to Apple to restore my iPhone settings. I am a senior and disable

. That incident happened the previous week when I didn't have internet service outside. I since got that fixed without buying a new phone.

I called again a week later because the Home Button was stuck.

The manager said he needs to take control of my computer to help me... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2020

This isn't a law firm where you could request a bid for a letter to be written. What you describe sounds like it might be resolved more easily with trying to work with their tech support, either on your own, or maybe through a tech-savvy family member or friend. The tech support operations of... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: I was denied entry into a store for not wearing a mask. Legal Issue?

I was denied entry into a store for not wearing a mask. I do not wear a mask due to it giving me anxiety. I am wondering if I would be covered under Americans Disability Act and if there are any legal steps I can take towards this. Thank you.

Tim Akpinar
Tim Akpinar answered on Jun 3, 2020

There are attorneys who specialize their practice in ADA matters. There is not a section dedicated to ADA attorneys here, but they can be found on the Internet. As with disabilities in general, an attorney you consult with would likely want to know if medical documentation is available. Good luck... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: If a deli sold me counterfeit tobacco smoking products willingly , can I sue ?
George E. Patsis
George E. Patsis answered on May 30, 2020

Yes, you can sue. Depending on the value of the items it may not be worth your time and would likely be a losing proposition.

2 Answers | Asked in Consumer Law and Internet Law for New York on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

Privacy laws are complex, you should consult with an attorney specializing in this area. You will also need an attorney to draft the website terms and conditions.

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2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... Read more »

Michael David Siegel
Michael David Siegel answered on May 27, 2020

Just go to court and get a judgment and collect it.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: WHAT IS THE RULING ON DEFAULT AND THE CASE GOES BACK TO THE ORIGINAL COMPLAINT AND HOW DOES THE COURT ASSES THE DAMAGES

The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time... Read more »

Michael David Siegel
Michael David Siegel answered on May 24, 2020

It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I get a refund from wedding venue for cancelling due to covid19 in spite of force majeure clause?

I would like to cancel my October wedding in New York due to the covid19 pandemic. The contract for our wedding venue includes a force majeure clause mentioning acts of god and governmental actions that says their only obligation is to reschedule within six months of the scheduled date, no refunds.... Read more »

Tim Akpinar
Tim Akpinar answered on May 8, 2020

As Mr. Siegel points out, it depends on the contract. It could depend on how certain terms or elements are defined or how they could be interpreted. One option to consider might be to explore the cost of a brief attorney consult to review the contract in its entirety. Unfortunately, this situation... Read more »

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1 Answer | Asked in Business Law, Products Liability and Consumer Law for New York on
Q: Can a business such as an online business, sell a product under an entirely different name than the manufacturer calls

For example: the producer (A and Co) of a chair calls it "Destiny Chair" The third party site selling the chair puts it up on its site under and entirely different name i.e. "Rhodes Chair". This can prevent competition because if i were to look up the name "Rhodes... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2020

You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... Read more »

1 Answer | Asked in Consumer Law and Employment Law for New York on
Q: NY CPLR 3217(b) - Do I need to Do Anything? I would like to keep the plaintiffs from coming back later and filing

I have been involved in a bogus lawsuit with a former employer. The main defendant died of cancer in 2019. They originally filed a motion to remove him; then COVID-19 happened and everything was put on hold. Now they have filed a Motion of Order pursuant to CPLR 3217(b) permitting a voluntary... Read more »

Michael David Siegel
Michael David Siegel answered on May 6, 2020

Too many pronouns and not enough information. Are you a plaintiff or defendant? If a defendant, do you have counterclaims or crossclaims? There is a usual form for this, and in general, it is in your favor to have this happen. A lawyer could review everything for a few hundred dollars.

1 Answer | Asked in Banking and Consumer Law for New York on
Q: Illegal repossession of a vehicle laws associated with.
Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

I'm not sure what the question is. Please elaborate.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: My orthodontist is closed for Corona. They are mailing their patients their invisalign trays and charging $75. Allowed?

My orthodontist located on the upper east side in Manhattan is closed due to corona. However, people who wear Invisalign (like me) need our next set of trays. The orthodontist said they will mail all patients their trays to their home, but they will charge everyone a universal fee of $75.00 because... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

You raise a valid point, but the office could argue they incur packaging, handling, and other costs as a result of the measures. Unlike standard fees for duplicating medical records, something like this might not be directly addressed by health laws. The recent crisis is creating new issues for... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for New York on
Q: Cell phone tower on building next door shooting signals right into our apartment

We live on the 8th floor. Right next to our building is another building which has 6 floors and cell phone towers on the roof. One of the antennas is shooting right next into our apartment (its right across our windows, less than 50 yards). First we didn't pay attention to it but then we... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 15, 2020

An attorney couldn't comment meaningfully on this data. An electrical engineer, microwave engineer, health professional, or other professionals familiar this field would be in a better position to have insight into this. Good luck

Tim Akpinar

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