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Questions Answered by Mathew Paulose Jr.
2 Answers | Asked in Business Formation and Business Law for New York on
Q: Me and 4 other friends staring a company so while filling the form (newyork taxation and finance) - one of our friends

Live in India.. do we need to add his info as well or not required (part 5 of the form) because they are requesting SsN n address etc! But he doesn’t have any n is it mandatory to even add his info

The form is LLC/LLP request for information

We just established a company and we... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jun 1, 2023

Greetings. It appears you would like to know whether you need to include certain information on a document involved in a corporate formation. Whether you do or do not depends on the form and what the form is for. Your inquiry does not sufficiently specify the form and the purpose of the form... View More

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2 Answers | Asked in Business Law and Contracts for New York on
Q: Is my service contract I entered into enforceable or is it null and void

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.

Mathew Paulose Jr.
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Mathew Paulose Jr.
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... View More

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1 Answer | Asked in Contracts, Banking and Securities Law for New York on
Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?

In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is?

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 6, 2023

Greetings. It appears you would like to purchase shares of a non-public company. A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company. Often brokers are required to facilitate the purchase. Due diligence is also required. During the due... View More

2 Answers | Asked in Business Law and Contracts for New York on
Q: Did a job with the client had a contract and a client tried to turn around and ask for some of their money back

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... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Mar 3, 2023

Greetings. It appears that you are experiencing a dispute over your contract. Where a party is to perform by a date certain, the failure to meet that deadline is not a material breach of the contract, as contract performance is measured by reasonable performance. However, if the date certain is... View More

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1 Answer | Asked in Business Law for New York on
Q: Can L3C ventures use volunteers?

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?

Mathew Paulose Jr.
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Mathew Paulose Jr.
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... View More

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

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... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
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... View More

2 Answers | Asked in Contracts and Business Law for New York on
Q: What contract would protect me from being sued if an employee is unintentionally hired but works for the people I serve

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... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
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... View More

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1 Answer | Asked in Contracts for New York on
Q: what is required to prove in order to recover damages for breach of contract
Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Sep 14, 2022

Greetings. It appears you may be asking two questions: (1) what is required to prove damages in a breach of contract action or (2) what is required to prove a breach of contract so that you may be awarded damages. This response attempts to answer the first question. For a plaintiff to prove... View More

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... View More

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... View More

Mathew Paulose Jr.
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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... View More

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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... View More

Mathew Paulose Jr.
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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... View More

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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... View More

Mathew Paulose Jr.
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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... View More

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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.
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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... View More

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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.
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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... View More

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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... View More

Mathew Paulose Jr.
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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... View 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.
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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... View 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.
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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... View 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... View More

Mathew Paulose Jr.
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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... View 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... View More

Mathew Paulose Jr.
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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... View 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.
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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... View More

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