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New York Business Law Questions & Answers
1 Answer | Asked in Employment Law, Tax Law, Business Law and Collections for New York on
Q: can the dept of labor come after me personally for judgement against non operational s corp in NYC?

I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 12, 2023

You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.

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... Read more »

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0 Answers | Asked in Business Law for New York on
Q: Can I sue for extended warranty fraud and changes made to a contract after i signed ?

I was charged $32,000 after signing for $24,000 on a contract for a travel trailor

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... Read more »

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

In large part, the answer to your question depends on what the circumstances are that prevented your company from completing the move on the designated day.

Ordinarily, if a contractor promises to perform a service on a particular day and then fails to do so, the contractor is responsible...
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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... Read more »

0 Answers | Asked in Consumer Law, Criminal Law, Business Law and Identity Theft for New York on
Q: My phone company allowed someone...specifically my ex who I am divorcing to obtain a SIM card and take a phone number.

By their own admittance he should not have access to do this without my authorization. He has been using this number for a long time as well as the phone that I purchased which is also under my name and am still making payments on. The biggest problem seems to be that my ex is in no way associated... Read more »

0 Answers | Asked in Contracts, Business Law and Civil Litigation for New York on
Q: Hello. I ordered an item online from a company in California. They agreed to a refund but are delaying.

Hello. I ordered an item online from a company in California. They received their item and are telling me a full refund is on the way but they’re “having issues updating their refund system and are going to expedite it.” Ever one I ask about it they’re friendly but they keep finding ways to... Read more »

0 Answers | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: A customer rented an equipment from me. His house is then broken in and my equipment is among items stolen. What do I do

I rent out gaming consoles overnight. A customer rented one out for the night then claims his house was broken into. What can I do legally have it replaced as police investigation will take long?

1 Answer | Asked in Business Law, Civil Litigation, Collections and Small Claims for New York on
Q: new york time to file an answer time the court filing is saying I was served on Jan 12 with an email but I was not

the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 17, 2023

First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... Read more »

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... Read more »

Samuil Buschkin
Samuil Buschkin
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... Read more »

1 Answer | Asked in Contracts, Employment Law and Business Law for New York on
Q: Can a consultant sign documents on behalf of their client?

Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2023

A corporate resolution authorizing signature on whatever needs to be signed.

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... Read more »

Mathew Paulose Jr.
PREMIUM
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... Read more »

2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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3 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read 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... Read more »

Samuil Buschkin
Samuil Buschkin
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... Read more »

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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... Read more »

Samuil Buschkin
Samuil Buschkin
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... Read more »

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1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: How can I get collectors to go after my ex business partner instead of me?

We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 17, 2023

You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... Read more »

1 Answer | Asked in Animal / Dog Law and Business Law for New York on
Q: Is a contract legal in New York if the seller didn’t sign the contract only the buyer signed

Dog purchase

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2023

The business litigation attorneys here could offer the best analysis, but you await a response for two weeks. The short answer is that a contract signed by only one person could be enforceable. Some contracts could be in the form of a one-sided purchase agreement. If there's a significant... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: What should I do if my business partner is running a ponzi scheme and owes money on a credit card that is under my name?

I tried reach out but he does not pick up my calls. He has scammed other people including my brother which he still owes money to as well.

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

A ponzi scheme is a crime. You must make a complaint to the DA.

1 Answer | Asked in Criminal Law, Employment Law, Business Law and Employment Discrimination for New York on
Q: Racial exclusion by business owner legal?

When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... Read more »

Brian Greben
PREMIUM
Brian Greben
answered on Jan 4, 2023

No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.

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