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New York Business Law Questions & Answers
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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1 Answer | 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

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

0 Answers | Asked in Consumer Law, Business Formation, Business Law and Small Claims for New York on
Q: I sent a shipment to Amazon FBA and it was mishandled and lost by Amazon, now they kept on dragging me out for the past

I sent a shipment to Amazon FBA and it was mishandled and lost by Amazon, now they kept on dragging me out for the past year with all kinds of stupid excuses, but it sounds like as of now they agree to pay me back for the loss. now, the actual loss was inventory worth about 20,000 but since I... View More

0 Answers | Asked in Business Law for New York on
Q: My husband recently passed away. He was the sole owner of an LLC. It was a small eBay business and he had yet to make a

profit. I just learned that he (the company) took out a business loan and still owes money on it. I have no interest in continuing the business. Aside from being the sole heir I am also the administrator of his estate. Is his estate liable for the remainder of this loan?

1 Answer | Asked in Business Law for New York on
Q: I'm looking to create legal documents for my business connecting manufacturers and US wholesalers. I wanna know fee?
Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

It could be difficult for attorneys here to answer your question about fees - the format is limited to Q &A. Attorneys can't really offer quotes for their services here. One option is to reach out to attorneys to discuss. After speaking with several law firms, you could get an idea of... View More

1 Answer | Asked in Tax Law, Consumer Law and Business Law for New York on
Q: Is it normal to be charged tax on a repair of a musical instrument in NYC?

I brought in a violin to a luthier in Brooklyn NY to fix. She first told me a price for the job and I agreed and left it by her.

She also gave me a paper to sign which showed the original price. For some reason, she didn't give me a copy of the paper at that time.

Now two... View More

James L. Arrasmith
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answered on Mar 8, 2024

In New York City, charging sales tax on the repair of tangible personal property, including musical instruments, is standard practice. The tax applies to both the parts and labor involved in the repair, not just the physical items purchased as part of the service. Therefore, it's normal for... View More

1 Answer | Asked in Business Law and Contracts for New York on
Q: End user license agreement for Vipre lifetime licenses isn't specified in some parts.

At this point I've been referred to New York business law people for my inquiry. According to the Vipre company (computer security software) it was against their policy for me to buy a lifetime license from the original owners. I've looked at the EULA and it says that a license is only... View More

Jack Mevorach
Jack Mevorach
answered on Mar 5, 2024

I don't understand how a successor in interest (usually a purchaser) can go back in time and state that a lifetime license purchased from the original owner is invalid. I would start with that.

Jack

1 Answer | Asked in Business Law and Collections for New York on
Q: i have sold my cooperation to someone recently, and i have some people that i had money disputes with in that business

can that people still sue me for that?

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Note: I am not your lawyer and this is not legal advice. Additional information is needed regarding the natures of the sale of the corporation and the money disputes. For example, generally, a sale of a corporation can be structured for the transfer of the corporate shares, or for sale and... View More

1 Answer | Asked in Business Law for New York on
Q: Commercial space

If you are in court for bak arrears with a commercial space, is the landlord entitled to keep your security deposit and still have you pay the rent after you have given the space back?

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

A landlord-tenant attorney would have better insight into this than a general business law attorney (the category chosen for the post), but your question remains open for a week. Although some questions here go unanswered, you could repost and include "Landlord-Tenant" and "Real... View More

1 Answer | Asked in Contracts and Business Law for New York on
Q: Do I have to pay someone for work done after I told him I was out of money and he had to stop work.

One of the conditions I stipulated when I hired him was that when I ran out of money, he had to stop work. Also, I wanted to use my Home Depot credit card for materials. He agreed. So when I ran out of funds, I asked him to stop work, but he continued working. He texted me that I owed him $650.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

The attorneys here who deal with commercial and business litigation would have the best insight here, but your question remains open for a week. Unfortunately, this has the makings of a difficult situation that could wind up in small claims. From the brief post, it looks like there might be... View More

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: I am an Amazon seller, recently I sent a shipment to FBA to sell, however, it was mishandled and lost by Amazon.

amazon claims that the shipment was not labeled according to their policy and therefore disposed of it, My question is. attached to the shipment were the shipping documents with all my info my name, contact info, etc. Did Amazon have the legal right to dispose of my goods or did they have to notify... View More

T. Augustus Claus
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answered on Feb 7, 2024

In New York, as an Amazon seller facing the situation where your shipment was disposed of by Amazon due to alleged non-compliance with labeling policies, the key legal question revolves around the terms of the agreement between you and Amazon, particularly regarding their fulfillment services... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law and Business Law for New York on
Q: Looking for guidance on unique Statute of Limitations for property seizure in NY state

I had a large amount of losses (from 2009 and 2010) that were initially dis-allowed by the IRS which resulted in an audit and a no change letter

NY State followed suit, and disallowed my losses on my NY return, however, they never followed the Federal when my losses were deemed to be... View More

James L. Arrasmith
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answered on Feb 4, 2024

In New York State, the rules surrounding the statute of limitations for tax collections and the ability to claim refunds or credits can be intricate. Typically, there is a limit on how long the state can pursue taxpayers for alleged debts, as well as a limit on how long taxpayers have to claim a... View More

1 Answer | Asked in Business Law for New York on
Q: In a co-op when is a sponsor no longer a sponsor is it after he owes under5%of total units
T. Augustus Claus
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answered on Feb 2, 2024

In a cooperative (co-op) setting in New York, the term "sponsor" typically refers to the individual or entity that initially converted the building into a co-op and retains a significant ownership interest in the units. The transition from sponsor status to regular shareholder status is... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

1 Answer | Asked in Business Law for New York on
Q: How to introduce a non-solicitation clause or notice to an independent contractor if the initial agreement does not have

I have a simple agreement with my independent contractor to provide services on my behalf. However, they are extremely soliciting my client and harming my business in different way. How can a non solicitation notice legally introduced to the independent contractor given the fact that by all means... View More

Jack Mevorach
Jack Mevorach
answered on Jan 26, 2024

It sounds like you're trying to slip something past the IC, such that the IC will be bound without signing. Not recommended.

Jack

1 Answer | Asked in Business Law for New York on
Q: My mother’s business partner took over & changed the name of her company upon her death .

Do I still have rights to my mother’s company and profits?

Jack Mevorach
Jack Mevorach
answered on Jan 21, 2024

Possibly. Your mother's interest in the business may have passed to you upon her death.

Jack

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Federal Crimes for New York on
Q: Is it illegal to create a crypto token, create a liquidity pool, immediately remove liquidity &/or sell your own supply

Token has no use, other than its name and icon there is no details given about it or its tokenomics (total amount of tokens or release schedule). There's no promoting, advertising or marketing for the token, The creator doesn't tell anybody about the token. The tokens the creator sells... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on the details provided, there is likely no outright illegal activity here from a criminal law perspective. However, the token creator would still have some civil liability risks related to securities regulations and anti-fraud laws. A few key points:

- Simply creating and selling...
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