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1 Answer | Asked in Employment Law, Energy, Oil and Gas and Libel & Slander for New York on
Q: Professional reputation damage control (Cease & desist letter? To who/what company? Better options?)

Terminated from contract role after weeks of increasingly hostile treatment from my supervisor (partner at the firm) & another project lead (new contract worker. Old friend of supervisor). I received entirely positive feedback for months until they botched a proposal and lost the client. The... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 29, 2020

It's also a huge city which is actually very small. Professionals rarely have time to ruin other professionals' lives. They also don't want to give some law firm ammunition for a lawsuit. Remember, it's a one-party consent state to record others so I assume that I am being recorded on every... Read more »

1 Answer | Asked in Civil Rights for New York on
Q: Is is legal to shoot my bb gun in my own backyard for aiming practice in nyc i live in the bronx
Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

NYC Admin Code § 10-131:

"Air pistols and air rifles; selling or possessing. 1. It shall be unlawful for any person to sell, offer to sell or have in such person's possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air, except that...
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1 Answer | Asked in Banking for New York on
Q: So Statutes consist of Title /Section /Chapter/ Page/ (Stat.) abbreviation means Statutes.

Does investment company such as (Ameritrade) falls under Banking

Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

Investment companies do fall under banking, and other areas governed by statutes. Statutes, as a general rule, tend more to address types of industries, types of work, conduct, or specific actions more so than identifying companies. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Child Support for New York on
Q: Is it my brother or mother who needs to go to court

my brother is 18, moved out of his father's, while my mother is still paying child support. My brother now lives with me. Who and or what should we do to get the money back to my brother instead of his father

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 28, 2020

If your brother is going to school full time, he is entitled to be supported. Since he is living with you he can file for support in Family Court but he will need a good reason why he isn't living with either of his parents. He should speak to a lawyer about all of the facts of the case.

3 Answers | Asked in Probate and Estate Planning for New York on
Q: what happen if John bequeathed a prized stamp collection in his friend’s name, Travis. However, prior to John’s death,

John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 28, 2020

It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.

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1 Answer | Asked in Business Law, Real Estate Law and Land Use & Zoning for New York on
Q: Is it feasible to open a home business in NY as a recording studio that takes up less than 25% of my home?

Hello, I am looking to start a home business in NYC. I researched and it seems to be possible under the Multiple Dwelling Law, due to the creative nature of the business (a home recording studio for music producers). It will take up less than 25% of my home and only one person will be in at a time.... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 28, 2020

This is a relatively in-depth question that would need some research and additional details from you. You would need to check building rules, bylaws, zoning, multiple dwelling law compliance (if applicable), rent regulatory rules (if applicable) etc. Most likely though it is not permitted if you... Read more »

1 Answer | Asked in Banking for New York on
Q: My dad gave me Financial power of attorney. The form we used is not accepted by his bank bec the form is from 2009.

What form do I use for nys

Tim Akpinar
Tim Akpinar answered on Apr 28, 2020

There's a ton of standard forms out there, between the commercial form companies and public agencies. Since the form you use must be acceptable to your bank, ask them to identify a form for you from one of the commercial vendors, or provide you with a standard boilerplate form they accept.... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I want to rent out my 2 bedroom single family house in ny state. How many people can live there?

For Onondaga county.

Section 245 f says if two people's names are on the lease, then a total of 4 can live in the house, is this correct?

Gregory Byrnes
Gregory Byrnes answered on Apr 28, 2020

This varies throughout the state based on what municipality you live in. You should check you local building code and rent regulations.

2 Answers | Asked in Estate Planning for New York on
Q: If my parents were separated and living in different states for 25 years is my father still entitled to any estate in Fl
Benjamin Z. Katz
Benjamin Z. Katz answered on Apr 27, 2020

If they were still legally married, he has all rights of a married spouse unless there is an agreement between them waiving those rights. That might include a prenuptial or separation agreement.

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1 Answer | Asked in Estate Planning for New York on
Q: Hi I am married and I have considerable debt that I don't want my wife to be responsible for if i die how do I protect

I heard we could maybe do a prenuptial agreement despite already being married that would protect her from my personal debt should I die. Or perhaps there is some kind of trust that would protect her from creditors should I pass away? I was thinking about insurance but I have a severe heart... Read more »

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

As long as her assets are in her name, there is no problem. If the assets are joint, now might be the time to move assets to her name. Depending upon the debt amount and how your assets are held, bankruptcy is an option for you. A trust can work, but the value of a trust depends upon the kind... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: When does the stay on evictions end? I have a 2-family home in a small town in upstate ny. - have up and down tenants..

Down tenants owe at least $4000 - lease ends Aug 31. He told other tenant he is moving out next week. I want to sell the house so I am sort of glad he is leaving., but I need my money. Do I go to Small Claims - what procedure. I am elderly and ill. Rent is $650.00/month. He has stopped payment when... Read more »

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

For now, June 20. If he moves out, Small Claims is the way to go. Also closed for now.

2 Answers | Asked in Business Law, Employment Law and Internet Law for New York on
Q: my job (a retail company) is requiring us to write online reviews on the products sold on the site. Is this illegal?

Can I refuse? We are still employed - my job has 50 and or less employees

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

Is it illegal? No. Is it sketchy? Yes. Can you be fired for not doing it? Maybe. It would be hard to prove improper conduct by the employer.

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1 Answer | Asked in Civil Litigation for New York on
Q: If people invest in me and I reinvest back in them is that illegal?
Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

This sounds like a question that may be better suited for a consult with an attorney (rather than a quick, short answer here) in terms of exactly what is meant by investing in someone, whether it involves providing business loans, grants, credit, or other forms of backing one could consider... Read more »

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I mimic/copy famous brand label ( logo vector)with changes? For example , Veuve clicquot champagne label

Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Not a good idea because not only would you be infringing the copyright rights but also the trademark rights of the owner of the famous brand.

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1 Answer | Asked in Employment Law for New York on
Q: Is it legal for restaurant owner at shutdown to ask employees to file for benefits then ask them to volunteer to work?

They were promised a bonus when they would reopen for full service and a chance at a promotion.

V. Jonas Urba
V. Jonas Urba answered on Apr 26, 2020

Volunteering during COVID is not legal especially if someone keeps working collecting benefits. That is unemployment fraud and it violates the minimum wage laws.

2 Answers | Asked in Employment Law for New York on
Q: Can an employee sue me for letting him go buisness is slow because of covid 19 and i cant afford to pay him

i have a small buisness and cant afford to pay my employee and hes telling me that if i let him go hes going to sue me. he is an illegal immgarnt

George E. Patsis
George E. Patsis answered on Apr 26, 2020

New York is an employment at will state, meaning that an employer can fire an employee without any notice at any time for any reason or even no reason at all. There are some exceptions to this rule, the details of which I recommend you discuss with an attorney as they can be very fact specific.

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2 Answers | Asked in Animal / Dog Law for New York on
Q: how do I prove ownership if I never re- registered my puppy?

I’ve had my dog two years. We recently moved to Niagara Falls and yesterday he jumped the fence. Our local spca office has him. How do I prove ownership if he’s still registered with his previous owner.

Benjamin Z. Katz
Benjamin Z. Katz answered on Apr 26, 2020

If you have not properly registered or license the dog evidence of ownership can include a bill of sale or certificate of adoption, vet bills and grooming bills. The SCPA office should advise you what else they will accept.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Is the sole survivor of a family entitled to all family photos now distributed to 2nd and 3rd generation family members?

family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 26, 2020

The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.

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2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: Work authorization was valid when I applied for benefits. It has been expired but I applied for new one. Claim benefits?

When I applied for my unemployment benefits my work authorization was valid. During the time when I was getting benefits my work authorization expired. I have applied for work authorization Renewal. Can I get my unemployment benefits after I applied for a new unemployment authorization?

Adan Vega
Adan Vega answered on Apr 26, 2020

In general, you must have a valid work permit or any immigration status that allows you to work to request unemployment benefits.

You must be authorized to work at the time you apply for the benefit, throughout the time you receive the benefit, and also during the “base period” prior...
Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: WHAT STEPS SHOULD I TAKE TO TAKE MY NAME OFF A MORTGAGE LOAN

My brother and I bought a one family house in Nassau county about 15 years ago.

About 10 years ago I sold my half to my brother.

The mortgage loan stay in my name.

My brother has been making the payments on time all these time.

Because of the coronavirus my brother... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2020

There is no way you are going to get off this loan without paying it off. There are two options. If the home is empty, it can be sold. The mortgage would be paid at sale. Or, if your brother had family living there and they are keeping it, they will need to make an estate proceeding and... Read more »

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