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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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