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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for New York on
Q: A driver followed over took and break checked me. At a light he got out to address me. what to say in court

I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court

James L. Arrasmith
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answered on Apr 6, 2024

If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: Hi, I think I have a medical malpractice case. So a little about my situation. I had a pulmonary embolism which is a

blood clot in my lungs in 2018. From 2018-2021 I was on at home oxygen. I recovered thankfully at the time in 2022. So for the full year of 2022 and towards the end of 2023 I was off the oxygen. Even volunteering at NY Presbyterian children’s hospital. I was born and treated my pre-existing... View More

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

I'm sorry for your ordeal. Your best option in having your matter evaluated would be to try to arrange a consult with a med mal law firm. Most firms offer free initial consults. If attorneys expressed an interest in exploring the matter more closely, they could retrieve your file and review... View More

3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

Micah Barrett
Micah Barrett
answered on Apr 5, 2024

Good afternoon,

It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a...
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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it appears that your trademark was abandoned due to a failure to respond or a late response to an office action or other communication from the USPTO. Once a trademark is considered abandoned, the application process is terminated, and the mark is no longer... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... View More

2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

James L. Arrasmith
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answered on Apr 6, 2024

The legality of hosting fantasy football contests for money depends on the specific laws of the jurisdiction where you plan to operate the website. In the United States, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 includes a carve-out for certain fantasy sports contests, deeming... View More

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1 Answer | Asked in Immigration Law for New York on
Q: What is the duration of the grace period following the expiration of a O-1B? visa?

Following the expiration of an O-1B visa, how long does the visa holder have before they must depart from the US?

James L. Arrasmith
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answered on Apr 3, 2024

Upon the expiration of an O-1B visa, the visa holder has a grace period of up to 60 days to depart the United States.

Some key points about the 60-day grace period:

- It allows the O-1B visa holder to get their affairs in order and make arrangements to leave the U.S. after their...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord install a video only camera inside a boiler room if the boiler room is inside the tenant’s apartment ?

Tenant has access to the boiler room. The lease states no items whatsoever inside boiler room . There is signage in the boiler room stating the same . I have a hi end machine inside the boiler room that I would like to monitor via camera only ( no voice )

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 3, 2024

Dear Manhattan Landlord

How is this possible? No tenant is allowed to inhabit a boiler room and no habitable dwelling may surround a boiler room. Before you add a video camera into this likely illegal housing situation contact an architect who may determine the legality of the apartment....
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1 Answer | Asked in Business Formation for New York on
Q: Good evening, I have a business name registered as a not for profit in NYS. Can I change it to an LLC?

I registered the name in New York State as a not for profit organization. I have not done anything thereafter--all I have is just the name. However, I realize that I would rather have a LLC instead. How can I change the name to a LLC? Or must I come up with another name and register it as an LLC?... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You say you registered a "name". And, in another place, you call the existing not-for-profit entity an "organization." Even if it were an LLC, you need to form a new LLC since that entity was formed and exists under a special provision of the law. If there were significant... View More

3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 1, 2024

The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

First, a motion to dismiss scuttles the trial dates until it is decided. After the Court issues a Decision on the motion, there should be a Trial Conference to schedule new dates and procedures for pre-trial disclosure.

And, while the CPLR (not even the Uniform Trial Rules promulgated by...
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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

This is precisely the kind of question we here on Justin are specifically prohibited from answering. We are not the asker's attorney and as such we do not know any of the operative facts of this asker's case. We are therefore prohibited from offering tips and tricks as to how to proceed,... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Illegal immigrants left to die?

Hello

A suspected csf leak which is the most misdiagnosed thing there is, has gotten to the point where said person is almost blind at this point. My question is, does the emergency room take care of that and it's underlying problem even if that person is undocumented with no... View More

James L. Arrasmith
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answered on Apr 1, 2024

Hello,

In the United States, emergency rooms are required by law to provide care to all patients regardless of their immigration status or ability to pay. This includes urgent conditions that could lead to serious health consequences, such as potential blindness. A suspected cerebrospinal...
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1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: How long can a parent go without seeing or asking about their children? before its considered abandonment?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord has done some immoral and illegal stuff I want to know if it’s possible to sue him for money or the building

He has allowed the tenants to bully me, and vandalize my property.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear you're dealing with such a difficult and stressful situation with your landlord and fellow tenants. Here are a few thoughts:

It sounds like there may be grounds for legal action if your landlord has failed to maintain a safe living environment and has allowed...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More

James L. Arrasmith
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answered on Mar 31, 2024

As a landlord in New York State, it is legal to accept advance rent payments from a tenant, as long as you are not requiring it as a condition of the lease. If the tenant is voluntarily offering to pay rent in advance to manage their fluctuating income, you can accept the payment.

However,...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 31, 2024

Dear Newburgh Property Owner:

You would need your own attorney to approve the acceptance of three months' rent paid in advance. New York State law says that you cannot do so even if you are not the party to bring up the idea.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me because we had an argument about the heat which is included in the lease and he wasn't providing

Now he gave us a 90 days notice which is done already?

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your situation with your landlord. It sounds like a frustrating and stressful experience.

The specifics of landlord-tenant law vary by location. In general though, a landlord cannot legally evict a tenant in retaliation for the tenant exercising their legal...
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