I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... Read more »
answered on Mar 12, 2023
You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.
Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.
answered on Mar 9, 2023
Greetings. It appears you would like to know if a contract between a NY company and an out of state company that is unregistered to do business in NY is enforceable. Generally speaking, a contract between two interstate parties is enforceable, notwithstanding registration. A state's... Read more »
Drew up a contract with a client supposed to do a move on a particular day. Was not able to finish the move on that day due to circumstances. Client stayed behind the following day till the client that they could leave tried to work out other arrangements of the client didn't have to stay... Read more »
answered on Mar 3, 2023
In large part, the answer to your question depends on what the circumstances are that prevented your company from completing the move on the designated day.
Ordinarily, if a contractor promises to perform a service on a particular day and then fails to do so, the contractor is responsible... Read more »
Hi, I am a young social entrepreneur thinking of starting an L3C. However, there isn't much information on L3Cs, besides that they are hybrid ventures. Would an L3C be able to host a volunteer program? Can they also utilize donations alongside other revenue sources?
answered on Mar 2, 2023
Greetings. It appears you would like to create a hybrid not for profit. Please note, last checked, New York does not have a statute to create such not for profits. An organizer would have to create the hybrid in another state and then register to do business in New York. Once registered, the... Read more »
the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement
answered on Feb 17, 2023
First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... Read more »
I own 25% of a business, a shop, in a 3 people partnership. If i were to no longer go in and offer manual labor but still keep the 25% I understand contributing 25% of the business expenses. But they say I have to also pay them them a salary based on how much percentage of the company they own. Is... Read more »
answered on Feb 14, 2023
Hello. It does not sound like a situation for you to remain in. As for your question, it is not entirely clear what you are asking. You may want to speak with a lawyer because there will undoubtedly be issues requiring clarification. That said, business ownership does not have to go hand in hand... Read more »
Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »
answered on Feb 6, 2023
A corporate resolution authorizing signature on whatever needs to be signed.
Only 2 officers held 90% of shares.
Refused documents, Lied about stock agreements, used position to force actions of clear coersion.
Hid wills. Refused stock buyouts, zero dividend for 20+ years.
Used corporate financial capacity and derived income to buy real estate to... Read more »
answered on Jan 25, 2023
Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »
Dog purchase
answered on Jan 24, 2023
The business litigation attorneys here could offer the best analysis, but you await a response for two weeks. The short answer is that a contract signed by only one person could be enforceable. Some contracts could be in the form of a one-sided purchase agreement. If there's a significant... Read more »
I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... Read more »
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »
We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.
answered on Jan 17, 2023
You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... Read more »
I tried reach out but he does not pick up my calls. He has scammed other people including my brother which he still owes money to as well.
answered on Jan 8, 2023
A ponzi scheme is a crime. You must make a complaint to the DA.
When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... Read more »
answered on Jan 4, 2023
No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.
I am a licensed real estate salesperson in New York State. I am forming an LLC for various reasons, and would like my broker to pay my commissions to my LLC, which is allowed in the state of New York. My two primary questions are:
1. Does my LLC have to be incorporated within the state of... Read more »
answered on Jan 1, 2023
Article 12-A of the New York Real Property Law, Section 441-b, provides:
"In case a person licensed individually as a real estate broker thereafter becomes an officer of a corporation or a member or manager of a limited liability company or a member of a co-partnership an application... Read more »
I was recently sued for soliciting employees, which was incorrect, but regardless. I am a staffing agency that assists surrounding facilities with staff. Their staff came to me and were dishonest about working for them, so I hired them but was later sued for soliciting their employees. How can I... Read more »
answered on Dec 28, 2022
Greetings. It appears you want to protect your business from allegations of poaching. To avoid such disputes, businesses institute employment verification protocols. These range from the simple (calling all prior employers on a resume or employment application) to the complex (hiring an outside... Read more »
answered on Dec 28, 2022
Some of the licenses and permissions you need include the following: (1) Certificate of Authority by New York State Department of Finance to collect sales tax: (2) Resale Certificate [if applicable] from Dept of Finance; (3) You must file quarterly Sales Tax Returns Form ST-100; (4) There are other... Read more »
I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... Read more »
answered on Dec 27, 2022
It depends on your agreement, which it appears in itself might be hard to prove.
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