Mortgage Payments Can Constitute Rent

holdover proceeding

One of the most important factors in determining how to evict someone is whether the person to be evicted ever paid any amount of money in exchange for his or her occupancy. The reason for this relates to the fact that there are essentially two mechanisms for eviction: the non-payment proceeding and the hold-over proceeding. […]

Landlords, Think Twice About Signing a Written Lease With Your Tenant.

lease for tenant

     Many landlords feel a need to memorialize in writing almost every word exchanged with their tenants.  But is having a written lease agreement really in the landlord’s interest?      Written agreements are vital in commercial leases, and they are important for corporate landlords who own apartment complexes.  But for the most common […]

Copyright Infringement – What Constitutes Fair Use?

fair use

         There are few issues more controversial, divisive, and misunderstood at the moment than the scope of the fair use doctrine as a defense to copyright infringement. Let’s take a look at exactly what “fair use” means, and under what circumstances using someone else’s material constitutes fair use.          The defense to […]

Landlord Tenant Eviction Process: How To Enforce a Judgment of Possession and a Warrant of Eviction

landlord tenant new york

     In both Nassau and Suffolk County, when a landlord goes to court to evict a tenant, the landlord is seeking legal authority to have an enforcement officer physically remove the tenant from the rental premises, restoring possession to the landlord. The landlord is also seeking the authority to attach certain of the tenant’s […]

Two Simple Steps to Protect Your Photos From Being Stolen on the Internet

stolen_photos

I see the same scenario all the time. A photographer posts some of their best pictures on their website, facebook, or Flickr. Several months later, they open a magazine and see their photo used in an ad, find their photo for sale as a poster on a website, or find their photo elsewhere on the […]

The Other Side of the Story: Motion to Dismiss Filed in Nancy Genovese Case

nancy genovese motion to dismiss

   A motion to dismiss was filed recently in the Nancy Genovese v Town of Southampton case (Mother of 3 Arrested for Taking Pictures of Tourist Attraction at Airport). The motion seeks to dismiss the complaint against the Town of Southampton and former Southampton Town Police Lieutenant Robert Iberger, and FINALLY reveals the the town’s […]

Police Lieutenant Robert Iberger, Villain in the Nancy Genovese Case, Retires

southampton

     Robert Iberger, the Southampton Town Police Lieutenant at the center of the Nancy Genovese case (Mother of 3 Arrested for Taking Pictures of Tourist Attraction at Airport), has officially retired.     May 1, 2012 was his first day of retirement, after 32 years on the job. He walked away with a $215,483.44 […]

I Want to Use Music in My Film. Do I Need a License, and if so, What Kind of License, ….and While We’re At It, Where Do I Get It From, and How Much Does It Cost?

license music for film

       Well, there’s no simple answer to this one. There are many types of licenses, with various degrees of scope dependent on use. If you’re pairing someone else’s music with your moving images (i.e. using someone’s recorded song in your movie), you would most likely need TWO licenses; a sync license, and a […]

Buh Bye Credit Solutions of America. New York Won’t Miss Ya.

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       Credit Solutions of America, Inc., a Dallas, Texas-based credit services business, has been permanently enjoined from engaging in business dealings with the consumer public and from doing business in the State of New York. The Attorney General of the State of New York sued them, claiming they were engaging in fraudulent, deceptive, […]