Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mathew Paulose Jr.
2 Answers | Asked in Business Formation and Business Law for New York on
Q: Is the operation agreement of an LLC binding if no one has signed it? And can you then vote a member out if it isn't?

There are three members in the LLC, of which no one ever signed the operating agreement. It was formed to handle business for a podcast. One member left the podcast has left, and he wants to keep the LLC since he paid for the legal fees associated with the formation of the business. The two other... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Aug 3, 2020

Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be... Read more »

View More Answers

2 Answers | Asked in Business Law for New York on
Q: I am canceling my Oct. wedding due to COVID-19. The venue is trying to make me pay the master bill. Is this acceptable?

My fiance and I have decided to reschedule our October wedding due to our vendors and family members canceling under COVID-19 concerns. However, our venue has been less than accommodating and wants an additional $1,300 deposit in order to reschedule. The initial $1,300 deposit that we made when we... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Apr 22, 2020

Greetings. It appears you would like to either cancel your wedding hall contract or would like to reschedule your wedding to a new date without having to pay any additional expense. Whether one is able to cancel a contract because of an arguably unforeseen event like a pandemic depends on the... Read more »

View More Answers

5 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I’m a seller, we’re in contract (contingent on finding new home) however, due to the corona we can’t . Can we cancel?

I’m a seller, we are selling our home and have been in contract for a few months. We did receive a down payment. The contract is contingent on finding another home, however we have not been successful and the Corona pandemic has halted the search. We want to pull out of the deal and return the... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Apr 15, 2020

Greetings. It appears you would like to get out of a home sale contract. You likely have an attorney and your question therefore should be directed to that attorney. They will know the details of the contract best. If you do not have an attorney, you must get one. The attorney will review the... Read more »

View More Answers

2 Answers | Asked in Business Law and Contracts for New York on
Q: Is compensation needed to make a standard one way nda valid?
Mathew Paulose Jr.
Mathew Paulose Jr. answered on Mar 20, 2020

Greetings. Your inquiry touches upon the legal idea of consideration in enforceable contracts. The idea essentially says that for a promise to be enforceable something must be given for it. Note however that the "something" can be essentially anything, whether small or big, valuable... Read more »

View More Answers

3 Answers | Asked in Contracts and Estate Planning for New York on
Q: My mother transferred the deed to her home to me Sister found out Mother now saying I verbally promised to share it

Mother now suing me for return of the home Breach of contract.

Opinion? Mother said this agreement was made in front of her lawyer

Lawyer who handled deed transfer saying no promise to share home was made

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 14, 2020

Greetings. In New York, the Statute of Frauds requires promises to convey real property to be in writing. If they are not in writing, they are not enforceable. There are exceptions however. You need a lawyer to represent you and flesh out the facts. Please contact a good New York lawyer today... Read more »

View More Answers

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: My fiance and I recently split up when we were together I purchased and paid for a mobile home for us her name

Is on the title due to park regulations. She wants me to buy her out for 2000( roughly half purchase price). She did not put money into it or towards it. She is trying to tell me she will force me to sell the mobile home if I don't pay her 2000. I am the primary on the title and still live... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 13, 2020

Greetings. New York's heart balm act (Section 80-b of NY's Civil Rights Law) allows individuals to sue for return of property given to a fiance in contemplation of marriage. Common examples include return of an engagement ring, a house, a car, a fur coat, etc. The court will direct the... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for New York on
Q: Im in NY State. Do the NY state labor laws allow for employees to get information about the content shared about u.

How to know If someone isnt slandering info. to the unemployment dept from your prev. Employer to disqualify you for applyn for benefits? What info can you legally request.

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 6, 2020

Greetings. If a person is connected to a governmental agency (for example, they have a pending unemployment application in front of an unemployment agency), they should be able to get all evidence submitted by any party just be asking. If a person is not connected to the agency (for example, an... Read more »

1 Answer | Asked in Education Law for New York on
Q: Need a lawyer to write to a university about my rights as a student & academic dismissal incorrectly done.
Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 20, 2020

Greetings. Based on your inquiry, it appears you have been disciplined in some way by your academic institution that you feel is incorrect. The proper procedure for addressing an institution's actions is by way of an Article 78 filed in NY Supreme Court (if all internal procedures have been... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: How to sue casting website in theatre for damages of restraint of trade by stopping ad, relying on false information.

Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the... Read more »

1 Answer | Asked in Contracts for New York on
Q: Hi. Case number 1:19-cv-01471 Mallenkrock ard llc v verma cms. Do you think a decision will be rendered soon.

Judge Thomas Hogan said a decision would be made August 2019

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Dec 16, 2019

Greetings. You are asking for information on what appears to be a federal case (DC Circuit?). The public has access to the docket for federal courts. Feel free to routinely search the docket to see if a decision has been rendered. As for when a judge has to issue a decision, there is no... Read more »

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... Read more »

Mathew Paulose Jr.
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... Read more »

View More Answers

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... Read more »

Mathew Paulose Jr.
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... Read 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.
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?... Read 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.
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... Read 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.
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.... Read more »

View More Answers

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.
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... Read more »

View More Answers

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... Read more »

Mathew Paulose Jr.
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... Read 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.
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... Read more »

View More Answers

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... Read more »

Mathew Paulose Jr.
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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.