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1 Answer | Asked in Business Law, Contracts and Business Formation for New York on
Q: Business partner kicked me out; no formal agreement, only bank proof. What are my legal options?

I was kicked out by my business partner, and we do not have a formal partnership agreement. However, I do have my business bank agreement as proof of my involvement. What legal options do I have to address this situation and potentially reclaim my position or investment in the business?

Samuil Buschkin
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answered on Mar 6, 2025

You may have legal options, but without a formal partnership agreement, your case isn’t clear-cut. Your business bank agreement can serve as evidence of involvement, but more proof—such as financial contributions, communications, or profit-sharing—would strengthen your position.

If...
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2 Answers | Asked in Business Law, Contracts, Mergers & Acquisitions and Employment Law for New York on
Q: Am I violating my separation agreement by giving a statement to Company A's legal team regarding events at Company B?

I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former... View More

Samuil Buschkin
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answered on Mar 4, 2025

I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties... View More

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1 Answer | Asked in Tax Law and Business Law for New York on
Q: Will reporting cash income with 1099-K cause audit?

I own a business and need to report my income on a 1099-K. My total income includes $7,000 from the 1099-K and an additional $3,000 in cash earnings not on the 1099-K. If I report both amounts together on my tax return, will my return get flagged due to the discrepancy between my total income and... View More

Samuil Buschkin
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answered on Mar 4, 2025

This should not be considered legal advice and you should definitely consult an attorney who understands these issues but your tax return is unlikely to be flagged just because your total income exceeds the 1099-K amount. The IRS expects all income to be reported, including cash earnings. The lack... View More

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: I am rebranding my company and I am deciding between making a new LLC or amending the current one.

I am making a new vision for the company and changing the name and target market. The last LLC is a dead company, I am 80% owner of the older company. I want to make a brand-new LLC and start over with my own brand as 100% owner. Is there any complications or tax issues/sales tax/income tax or... View More

Samuil Buschkin
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answered on Jan 8, 2025

For your situation, when creating a new LLC and transitioning from an older company, there are a few considerations to keep in mind:

If the older LLC has any existing debts, obligations, or contracts, it’s important to ensure those are properly addressed so they don’t carry over to the...
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1 Answer | Asked in Business Formation and Business Law for New York on
Q: I have a NY Physical Therapy PLLC. Can I also form a separate NY LLC for coaching to see clients outside of NY?

I formed a PLLC for my physical therapy practice in NY. In the NY state PT practice act it states that licensed PTs cannot engage in unlicensed activities as that might give PTs an advantage over other professionals. Other PTs also provide wellness coaching services to clients outside of where they... View More

Samuil Buschkin
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answered on May 22, 2024

Without having inquired all facts and done proper research in your case, and not making this any form of legal advise, I believe at first glance that if you make it a separate entity and do not commingle with your other entity, there is no prohibition for a licensed professional against engaging in... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Problematic business partner

Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?

Samuil Buschkin
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answered on Jan 9, 2024

There are several issues that appear to be related to your question: (a) are the partners united or are their interests and positions in some way opposed to one another, (b) is it an LLP or an LLC ? Either way the Partnership Agreement or the Operating Agreement, respectively would need to be... View More

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1 Answer | Asked in Gov & Administrative Law and Business Law for New Jersey on
Q: What ABC license is needed for private wine classes in NJ providing wine?

I am planning to run private wine education classes in New Jersey, offering sessions to individuals in their homes for up to 20 people. I hold WSET levels 1, 2, and 3 qualifications. I want to include wine for educational purposes. Is an ABC license required for me to provide wine, or can I offer... View More

Samuil Buschkin
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answered on Mar 13, 2025

While this response is not legal advice which would require more information from you and would be done with an attorney whom you have retained, here is a bit of guidance: In New Jersey, providing wine during private educational classes, even if not sold directly, likely requires an ABC permit. The... View More

2 Answers | Asked in Consumer Law, Contracts, Business Law and Health Care Law for New York on
Q: 'Facility Fee' of $1,500(!)

Hello,

I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More

Samuil Buschkin
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answered on Jan 7, 2025

For starters, request a detailed explanation of the $1,500 fee. The clinic may provide a breakdown if pressed. Discuss this with a lawyer to see if maybe you have a claim.

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2 Answers | Asked in Consumer Law and Business Law for New York on
Q: A service provider won’t give me my $1500 refund what should I do?

Hi I paid a service provider $1500 to do a service for my business she has a nasty attitude and is very rude she hasn’t started any work yet it’s only been about 2 days and she won’t give me my money back and she said if I do a charge back she is going to take me to court. She had me check... View More

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answered on Oct 18, 2023

It is next to impossible to identify or suggest anything based on the very sparse info you shared. Generally, the contract, verbal or (even much better) written control. Where there is no contract, state rules or even federal rules govern. You should speak to a lawyer.

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2 Answers | Asked in Immigration Law for Texas on
Q: I recently became a US citizen, can I apply green card for my mother, who arrived in the US on July 2023 with a B2 visa?

My mother (I am her biological daughter) arrived in the US on a B2 tourist visa for the second time on July 4th, 2023, and I am a US citizen. Can I apply for her Green Card before 90 days ( DO NOT FOLLOW 90 DAYS RULE, because my purpose is save time for the green card process) arriving in the U.S... View More

Samuil Buschkin
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answered on Aug 22, 2023

Congratulations on becoming a US citizen! It's great that you want to help your mother obtain a green card. Let's go over your questions step by step:

1. Can you apply for your mother's Green Card while she's in the US on a B2 visa?

Yes, as a US citizen, you can...
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1 Answer | Asked in Immigration Law for Ohio on
Q: What’s the possibility for an immigrant to remain in the US and not be deported after being convicted of a crime?

For example, the alien was deported after being convicted for drug trafficking then they reentered the US unlawfully/illegally and was then convicted of another crime and served 6 years in prison. Are there any grounds for the person to defend not being deported if they have a child to support who... View More

Samuil Buschkin
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answered on Aug 15, 2023

it is impossible to discuss this in the hypothetical; suffice to say that whoever has this issue needs an immigration lawyer experienced in 'crimmigration' because sometimes it is possible to do certain things with the conviction, after it has been entered. Much depends on the crime itself.

1 Answer | Asked in Immigration Law for Ohio on
Q: I don’t have a physical green card. Can I still travel to the US with my German passport with the I-551 stamp?

My mom applied I-90 form and is waiting for her green card to be replaced. She got the I-551 stamp on her passport, but she doesn’t have a physical green card (the USCIS has it). Can she still travel back to the US with her German Passport with the I-551 stamp on it?

Samuil Buschkin
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answered on Aug 15, 2023

You should be able to travel with just the I-551 stamp, which is also called the temporary proof of legal residence stamp.

3 Answers | Asked in Business Formation and Business Law for New York on
Q: Do I need to form a PLLC vs an LLC if I am Physical Therapist looking to start my own practice in NY?

I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.

Samuil Buschkin
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answered on Aug 13, 2023

In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with... View More

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2 Answers | Asked in Business Law and Employment Law for New York on
Q: Does my daughter, age 16, need working papers to work in our family business part time? She has graduated high school
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answered on Jun 25, 2023

In New York, a 16-year-old can work in a family business under certain conditions. Generally, minors who are 14 or 15 years old are allowed to work in a family business as long as the work is not hazardous and they have appropriate work permits. However, for 16-year-olds, there are usually no... View More

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1 Answer | Asked in Business Formation, Business Law and Contracts for New York on
Q: I have to pay for other shareholders salary?

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... View More

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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... View More

2 Answers | Asked in Immigration Law for California on
Q: Can someone other than my spouse sponsor for my marriage green card, as she is a student and is working part time?

My wife is a US citizen, and is currently doing her bachelors. She works part time and not on a regular basis. My company is currently processing my green card, however, it will take some time. So, I wanted to apply for a marriage based green card. My wife cannot thus sponsor my green card, but she... View More

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answered on Feb 14, 2023

Yes, a third party (another person) may be a guarantor/sponsor but needs to mee the eligibility criteria (income or assets).

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2 Answers | Asked in Employment Law for New York on
Q: fired from my job over a personal matter in a family company, given three month’s severance and refuse to pay last month

Can I take legal action?

Samuil Buschkin
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answered on Feb 14, 2023

Hello, whether you can take legal action depends on more facts that need to be inquired about and on whether it is ultimately worth doing so. Your issues appear primarily related to an employment relationship, whereby it should not matter that it is a family business. If you were employed there you... View More

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1 Answer | Asked in Immigration Law for Michigan on
Q: Hello I have a question I’ve been married to my immigrant husband since 2018 and I think he lied just for a green card

He is threatening to leave me homeless and threatening to go to his homeland and marry to bring someone from India to USA what should I do about this

Samuil Buschkin
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answered on Jan 22, 2023

You should speak to a lawyer because it sounds like you have many complex questions and issues on the table here, including family law, and immigration law, and maybe even criminal issues.

4 Answers | Asked in Contracts and Business Law for New York on
Q: Can the seller sue the customer for cancelling a large order?

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... View More

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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... View More

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3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

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... View More

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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... View More

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