Kaiser Wahab’s Answers

Kaiser Wahab

New York Business Attorney.

Contributor Level 14
  1. Is there a legal case against this incompetent Real Estate Lawyer?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Thomas Daniel Kearns
    2 lawyer answers

    The only legal case your friend may have here is for legal malpractice against the attorney, since the landlord had no duty to your friend. However, in my opinion it is a steep hill to climb to successfully maintain such a case. The first issue is whether or not failing to tell your friend about that clause is professional negligence, given the state of real estate law and common practices (which by the way, I have seen many a lease in NY with similarly stringent clauses in case of assignment...

    1 person marked this answer as helpful

  2. Need advise

    Answered almost 5 years ago.

    1. Kaiser Wahab
    1 lawyer answer

    This sounds like a classic contracts law textbook situation. The queston I believe you are asking is whether John had the right to sell the van to Marc, despite the interest and actions of other parties prior to Marc. The issue is likely a simple question of whether John had any duties to the other parties under a contract with them. Generally speaking a contract can only be formed if there is an offer and an acceptance. In this case, John may have made various offers/promises (the price of...

    1 person marked this answer as helpful

  3. I had been infringing on a trademark on my website and in my written company material. I corrected it. Can I still be sued?

    Answered almost 5 years ago.

    1. Carlos Gonzalez
    2. Kaiser Wahab
    3. Nancy Baum Delain
    4. Pamela Koslyn
    5. Bernard Samuel Klosowski Jr.
    5 lawyer answers

    One thing that has not been mentioned that you should definitely be aware of is the concept of "nominative fair use." What that simply means is that it is not necessarily a TM infringement to mention a trademark in order to reference it in a non-confusing fashion. So the issue for you may not be so much whether or not by simply mentioning the other product by name is a per se infringement, but whether by doing so did you confused the buying public into thinking that the trademarked product is...

    1 person marked this answer as helpful

  4. SHould I agree to "UK Law" when signing an "licensing" agreement when I am NY based?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Pamela Koslyn
    3. Daniel P. Harris
    3 lawyer answers

    I would strongly advise you to change the choice of law provision of the agreement at the very least and have an attorney revise the agreement to balance it in your favor. This is for several reasons (their/ your IP, your revenue stream, the international nature of the revenues and license, etc.) The license should at least address the following: 1-The scope of the license(s) (you would want to protect your own intellectual property and be assured that you had a right to use theirs...

    1 person marked this answer as helpful

  5. Is it ok to give a loan to your family without a lawyer?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Steven J. Fromm
    2 lawyer answers

    Based on your "repayment" terms alone, I think that you should consult an attorney if this is more than a few thousand dollars in monies. Generally speaking you would want more detailed and robust repayment options with acceleration clauses and other protections, if you require repayment or need to enforce against non-payment. Also, there is a gift tax issue that you will have to deal with if you do not charge interest. I hope this helps. Disclaimer: This answer is for informational...

    1 person marked this answer as helpful

  6. Does the Statute of Frauds apply to internet software development oral agreements in New York?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    1 lawyer answer

    The statute of frauds has been determined to apply in situations such as yours, where there is a high likelihood of emails between the parties that could rise to a written contract. Given that this is software development, in my experience, many of the communications (not only with regard to the software) with regard to the deal terms are exchanged by email. NY courts have used such emails as the basis for finding an enforceable contract. Also, even if the court determines there is no...

    1 person marked this answer as helpful

  7. I am a painter who is owed $750 by a client in NY how do you suggest I collect?

    Answered almost 5 years ago.

    1. Elliott M. Portman
    2. Kaiser Wahab
    2 lawyer answers

    You may also want to file a mechanic's lien. This is a lien that will affect title to the property for up to two years. Also, if this is a coop, the board should also get a notice of the lien as that may cause them to put pressure on the leasee to deal with the situation. Best of luck. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

    1 person marked this answer as helpful

  8. Is an email legally binding?

    Answered almost 5 years ago.

    1. Steven Alan Fink
    2. Kaiser Wahab
    3. Pamela Koslyn
    3 lawyer answers

    While emails have been held by various state courts to rise to the level of a binding contract, I would ask that the law firm provide a letter offer. This letter would basically state the revised payment figure and that the offer will be accepted upon your payment by check. This should be a simple one page affair. I hope this helps. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client...

    Selected as best answer

  9. Co-signing on a loan

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Mark S Guralnick
    2 lawyer answers

    Generally speaking, one contracting party cannot make a signature of the other party binding for one obligation as opposed to another after the contract has been signed. So the contract itself should be clear in its language for what the signatory is binding itself for. In your case, since you were signing to "backup" the obligations of the actual borrower, the contracts should have made that clear. And typically bank and commercial lease/loan documents/agreements are very clear as to what...

    Selected as best answer

  10. Laws with useing Websites in Computer Programs

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Pamela Koslyn
    3. Jeffrey Thekdi Gedeon
    3 lawyer answers

    That can be a seriously complicated question depending on what you mean by "uses" other websites. The first law you should become familiar with is copyright. If by use, you mean actually incorporating those sites into your program (visual elements, code, etc.) that could be a copyright infringement without securing the right license, or relying on a proper defense/exception. And generally speaking you should be wary about "using" these sites as opposed to tangentially interacting with them....

    Selected as best answer