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New York Business Law Questions & Answers
0 Answers | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Business Law for New York on
Q: What type of Attorney Represents a Victim of Premeditated Fraud From a "Relationship Predator" for Huge Financial Gain?

Everything he said was a Con...From His Army Service to His Marital Status...His Resume..to Conning His way into my Home and Living off me with no intention of paying Me back. He worked his con game to get his name on to my Deed. First Mortgage Payment in April 2022--Default. I Caught him in his... Read more »

1 Answer | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... Read more »

1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for New York on
Q: Could cryptocurrency sent to an insolvent company be recoverable under 546(c) of the bankruptcy code?

I sent cryptocurrency to Celsius within the prior 45 days before they filed bankruptcy. Could I possibly have reclamation rights under 546(c) of the bankruptcy code?

Uncertainties: is the cryptocurrency considered a good covered by this? Cryptocurrency sent to Celsius is essentially lent to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 27, 2022

This would be a low priority claim and without significantly more information, there is no way to know. You need to retain an experienced bankruptcy attorney and provide a great deal of information. Good luck.

1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

1 Answer | Asked in Business Law for New York on
Q: May one single restroom be used by both male and females if marked as such in a public area in Florida?
Tim Akpinar
Tim Akpinar
answered on Jul 25, 2022

You're asking about Florida law. You would have better chances of a response if you posted this under Florida. Good luck

1 Answer | Asked in Business Law for New York on
Q: Can I ask questions regarding business issues

I want to know what would be the best route regarding necessary actions. A business was sold without paying every partner.

Jack Mevorach
Jack Mevorach
answered on Jun 25, 2022

Other than stating that every partner was not paid, you include no other facts. Try to avoid litigation. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Q: Can I create a NY LLC with an out of state LLC as the single member?

I own a single member LLC in Wyoming but now live in New York. I’d like to create a newer NY LLC subsidiary with the out of state LLC as the parent company. Is this allowed?

Michael David Siegel
Michael David Siegel
answered on Jun 2, 2022

Yes.

1 Answer | Asked in Business Law for New York on
Q: Need help in getting medicaid taxi license reinstated.

Has to be ny lawyer

Tim Akpinar
Tim Akpinar
answered on May 20, 2022

If you're trying to find a New York lawyer, it could be difficult for law firms here to reach out to you. This site isn't set up like an attorney referral service. However, there is the feature above, "Find-a-Lawyer," which lists attorneys by region. The NYS Bar Association also... Read more »

1 Answer | Asked in Business Law for New York on
Q: I have shares in a privately owned company that was just sold unbeknownst to any shareholders. What happens now?

What rights do I have?

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If the sale violated the shareholders agreement or bylaws you can sue the people who did the sale.

2 Answers | Asked in Estate Planning and Business Law for New York on
Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

Samuil Buschkin
Samuil Buschkin
answered on May 12, 2022

There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable... Read more »

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2 Answers | Asked in Business Law for New York on
Q: Hello, If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

Hello,

If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

for example: I have an old dba named Billy Bob's Home Video Distribution. I have agreements dating back to the 90s under that dba. I want to form Billy Bob's... Read more »

David H. Relkin
David H. Relkin
answered on May 11, 2022

Good question. The first part of the answer involves the simple availability of the name; but, given its largely unique name, you will probably have no problems registering it. Second, what is the consequence of you changing your business from (perhaps) a sole proprietorship or (perhaps) another... Read more »

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1 Answer | Asked in Business Law, Education Law and Intellectual Property for New York on
Q: Is this free work? Is this legal?

A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

If you receive college credit for the work, it is legal, like an internship.

2 Answers | Asked in Landlord - Tenant, Tax Law and Business Law for New York on
Q: I live in the US and own a condo in Jamaica, WI I want to rent to vacationers. What do I need to do to?
Samuil Buschkin
Samuil Buschkin
answered on Apr 20, 2022

If you make any income from your rental activity, per US Tax law, you must include it in your annual tax return. The way you organize or register your activity abroad is a matter of applicable local or international law abroad.

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1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: is it legal to use "corvette" in a new business dba?

It would be used for a printing company name, not an automobile name. My assumption is it can't be copyrighted or reserved as a general word since it is a type of ship of war in common parlance. Thank you,

Tom

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2022

Your question remains open under the Business Law/Formation categories. At this point, you could try reposting and adding the following categories - Trademarks, Copyrights, Intellectual Property. "Copyright" is in the main menu. You'll see "Trademarks" and... Read more »

1 Answer | Asked in Criminal Law, Banking, Business Law and Identity Theft for New York on
Q: hi. My wife took an imposter to sign on my behalf at a check cashing place.

the check was deposited into an account ,she claimed the person who had the same first name and last name as me as her husband to cash out $2400 stimulus check in may of 2020,I came to find out about the check cashed in march 2021,Irs sent me a check copy in August 2021,I made a police report but... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

If I was in your situation, I would gather all of the information, hire a civil attorney, and sue her and the imposter for the amount of money stolen, as well as the cost for litigation. After filing the suit, I would also subpoena the place for footage of the transaction. Hopefully it still... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin
answered on Jan 24, 2022

In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »

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1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

1 Answer | Asked in Business Law for New York on
Q: I’m trying to dissolve my llc right now using the website click dissolve

The LLC has had no business transaction or anything of my knowledge. It was made 1 year and 3 months ago by another Company that had made it for me without me actually being ready for it and then when I told them I don’t think I was going to be ready yet they completely cut off connections with... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 19, 2022

If the legal entity is an idle and unutilized shell, it's best to dissolve it.

2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »

V. Jonas Urba
V. Jonas Urba
answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
Read more »

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1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin
answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

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