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New York Business Law Questions & Answers
1 Answer | Asked in Tax Law and Business Law for New York on
Q: If your NYS tobacco license is suspended, will the state issue a new license if a new LLC is opened?

I am trying to figure out if the tobacco license is only linked to the business name, or the owners name as well. If we open up a new LLC with a new tax ID under the same owner in which a previous license was suspended, will they issue a new license?

James L. Arrasmith
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answered on Sep 9, 2024

If your New York State tobacco license is suspended, getting a new license by simply forming a new LLC with the same owner may not be straightforward. The state typically considers both the business entity and the owner’s history when issuing new licenses. If the original license was suspended... View More

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?

Everything is hand drawn by me, and each custom order is an original design.

The design:

I've used one of the characters as a reference, and the movie poster image.

My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More

James L. Arrasmith
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answered on Sep 7, 2024

When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More

0 Answers | Asked in Contracts, Business Law, Civil Litigation and Lemon Law for New York on
Q: My car burnt immediately after purchasing. Can I get a replacement or do I have to let them fix it?

I only drove from dealership to home. 7 miles. Engine on fire when I got home. 30 day/1k mile warranty.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

1 Answer | Asked in Business Law, Gov & Administrative Law, Intellectual Property and Trademark for New York on
Q: Legality of Naming a Fragrance After a Biological Compound

Hello,

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More

James L. Arrasmith
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answered on Aug 21, 2024

Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More

0 Answers | Asked in Employment Law and Business Law for New York on
Q: What are an employers legal obligations when it comes to keeping employees in an office safe from the general public?

My wife works in a small office that is accessible to the general public, she is sometimes the only person in the office all day. What are her employers obligations when it comes to security?

1 Answer | Asked in Banking, Business Law and Real Estate Law for New York on
Q: NYS Section 590. What are the rules for a person who provides commercial loans ($3M+)? Do you need a license?

All I can find is a proposed bill that will require individuals to be licensed but that has not passed.

Jack Mevorach
Jack Mevorach
answered on Aug 8, 2024

I've never heard of a license required for this. If attempted, it might be held to be unconstitutional.

Jack

4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

I would think not, unless the agreement has a stated expiration date within it. Watch for Statute of Limitations.

Jack

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2 Answers | Asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York on
Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More

Jack Mevorach
Jack Mevorach
answered on Jul 7, 2024

You may need a court order to resolve the situation.

Jack

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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
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Immigration Law, Business Formation and Business Law for New York on
Q: California professional corporation (immigration law firm) can qualify in NY as foreign corporation?

I wanted to start a small immigration firm. I registered a professional corporation in CA which is the state where i am licensed as an attorney. I wanted to open a physical office in NY after obtaining clearance from NY and CA bar as I will be opening an office to practice only immigration which i... View More

James L. Arrasmith
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answered on May 14, 2024

Regarding your questions about qualifying your California professional corporation in New York and the tax implications, here are a few key points:

1. Foreign qualification: Generally, to qualify a foreign professional corporation in New York, you would need to have a New York-licensed...
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1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

1 Answer | Asked in Business Law for New York on
Q: We are a non profit girls softball league. This year we have 4 transgendering players who identify as he/they.

We don't want to discriminate, but want it legal. Do we change wording in bylaws, change our name?

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2024

Your question remains open for a week. Although you are correct with the Business Law category, you might get better chances of a response with adding the category of Business Formation (which also covers by-laws, certificates, different types of corporations, business structures, etc.) Not all... View More

1 Answer | Asked in Products Liability and Business Law for New York on
Q: How do I take photoes as the photographer
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

This doesn't sound like a product liability law question (the category chosen, which is more about injuries from dangerous products). You are probably not asking about non-legal aspects of taking photos when you mention taking photos "as the photographer" (as in technical attributes... View More

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for New York on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the... View More

2 Answers | Asked in Contracts, Business Formation and Business Law for New York on
Q: Can I partially own one LLC(A), as another LLC(B)? The other % of ownership of LLC (A) would be to an individual not LLC

Do i have any problems here? Or is this possible to partially own one company as another LLC ( B ) while still sharing ownership with a single individual of LLC (A)

Gary Lane
Gary Lane
answered on Apr 1, 2024

Yes. Done frequently. Should have no issues.

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2 Answers | Asked in Business Law for New York on
Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made

it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.

Michael David Siegel
Michael David Siegel
answered on Mar 25, 2024

If you owe the rent you need to pay or be evicted. While your lease will govern, most commercial leases have a provision that counterclaims must be brought in a separate case, like your claim the landlord killed your deal.

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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: How to dispute a charge with credit card company due to merchant not providing all services in contract.

Contract says "no refunds" but they didn't provide all of the services.

James L. Arrasmith
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answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

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