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Questions Answered by Mathew Paulose Jr.
2 Answers | Asked in Business Law for New York on
Q: Am I able to sue or do anything about this situation?

I was offered a promotion by my CEO in order to keep me from leaving the company to go to school.(I am the top salesman at our dealership) I accept the promotions due to the promises told to me and what I was able to do for the company would help me start my business. Two months later there CEO... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Dec 4, 2019

Greetings. We agree with Michael. But since you may have the commitments in writing, whether by email or in some other form, we want to add that you should take your potential case to an employment lawyer and have the lawyer flesh out the facts for you and see if you have a colorable claim. The... View More

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1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Who owns the code I wrote for an app when no contract was signed?

Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Nov 24, 2019

Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in... View More

1 Answer | Asked in Business Law for New York on
Q: What happens if a director is voted off a board by other directors of a voting membership. NYS

Directors are voted in by voting members.

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Nov 18, 2019

Greetings. We would need a lot more information to provide you with a reasonable answer. For example, what type of membership is this? An athletic association, a union, a corporation, a condo or coop, a government entity, or one of many other types of organizations that have members and a board?... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi I was starting a business with a partner a few months later he step out now my landlord told me that my STDP isdouble

He told me that my credit is bad even thought I had pay him the 3 months of security deposit also he sent me a new bill saying I have not pay water for 11 months when when I show him my receipts and ask for my payments records he don’t want to show it to me

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Nov 13, 2019

Greetings. Relationships with landlords are primarily governed by lease agreements. If you have one, please take your agreement to a lawyer. The lawyer will review it and the facts and provide you with a solution to your problem. Even if you don't have a lease agreement, the lawyer will be... View More

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Nov 13, 2019

Greetings. Yes, New York has a "long arm" statute that is capable of obtaining jurisdiction over defendants in other states, particularly those like your contractor who entered into a contract here in New York, did work in New York, and did work for a person who lives in New York.... View More

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2 Answers | Asked in Business Law for New York on
Q: What is the definition of a “month” in NY contract law is., “the term of this agreement will be three months”
Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Nov 7, 2019

Greetings. See NY General Construction Law section 30. "A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the... View More

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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for New York on
Q: Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion

Hi I work for a client A company with the vendor B as a layer of my contract before and and vendor B made a contract with me stating that upon the termination Or completion of the project with the client I shouldn’t either work as a part-time or full-time within a year.. I have been working for... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Oct 10, 2019

Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if... View More

2 Answers | Asked in Business Law for New York on
Q: My chef quit and is opening a restaurant (same food) 3 blocks away from me. Is that legal?

The chef is the sister of the previous owner of my establishment

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Oct 1, 2019

Greetings. We would need more information to give you a worthwhile answer. If the facts are simply that the sister of the previous owner started a competing business near you, then we see no unlawful behavior. If however the competing business is engaging in anti-competitive behavior, then you may... View More

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1 Answer | Asked in Criminal Law for New York on
Q: does title renew with cash when transferred from one person to another.

with normal goods the title remains with rightful owner regardless of who posseses it, such as when it is stolen. that is one can only transfer as much title as they were given upon obtaining it. this would make a thifs title void. but is this the same with cash or does title start fresh merely... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Sep 23, 2019

Greetings. In New York, cash is not considered a good (unless it is a commodity, which in your given example it is not). Thus it may be transferred without civil implications in most factual situations (for example, an innocent casino receiving money that may or may not be stolen; an innocent car... View More

1 Answer | Asked in Banking and Business Law for New York on
Q: is it right for me to be charged as the vendor for something that the customer inputted online incorrectly?

https://support.buildium.com/hc/en-us/articles/200689678-Return-Code-R03-Unable-to-locate-account-or-name-does-not-match

we are not a retail establishment

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Sep 11, 2019

Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If... View More

1 Answer | Asked in Contracts and Business Law for New York on
Q: We require to write on an envelope tender:“tender no... st’” and we wrote street instead

Can our proposal disqualified because of it?

It should have written:st’

And we wrote street.

I’m scared I will be fired because of it

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Sep 9, 2019

Greetings. We do not have sufficient information to provide you with a reliable answer. From what we can tell, you made a typo on an important document and want to know if you can be fired for it. The simple answer is yes. In NY, you may be fired at will unless you have a contract that says you... View More

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