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.
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 »
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 »
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 »
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.
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are...Read more »
It appears that unless you're entirely secluded from contact with others, you must wear a mask in a business setting. Also, business or venue must choose whether it will implement a full-course vaccine requirement or a mask requirement, which applies to both patrons and employees and then...Read more »
The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.
A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.
It's a matter of knowing how your business is organized and what it consists of. Is your business an entity or are you a sole proprietor? Are you the sole owner or do others own an interest in your business? Are there other constraints on selling all or part of your business? Do you transfer...Read more »
Assume I'm the owner of the restaurant and separately am an Executive Director of the nonprofit. I would not charge a rental fee to the nonprofit, but I would be profiting off food and beverage sales. Does this violate Section 4941 of the IRC?
I was trapped in the building in NYC due to a busted lock on the only exit and had to call 911 to pry me out. Airbnb doesn’t want to refund me the cost of the stay. They want me to return to that building. Do I have a case to get refunded?
Most short-term rentals in NYC such as those offered through Airbnb are not legal. If you are agrieved by how Airbnb is handling your request for reimbursement, you may consider commencing a Small Claims case. However, Airbnb typically includes an arbitration requirement. Therefore, you should...Read more »
My parents brought a house and got a contractor to remodel it from a single-faimly home to a multi-faimly. They got the remodeling done but never give us a CO certificate we been trying in touch for about 9 years and he been avoiding the situation and never really explaining what is going on. What... Read more »
You need to have an architect file for this change. A contractor cannot do it. In fact, doing this work without the proper filings may mean that there are open violations and permits that are bigger issues.
I owned a business with my ex and after turmoil and force I exited the situation and the relationship. it is a food business we started together.The business and all recipes were my idea which he admits and has via text - I left but because the situation had become unbareable with his mental abuse... Read more »
If you had a legal partnership, i.e. filed that way, and can prove you were a partner, then you can make a claim. You have an uphill climb on some issues due to the lack of more writings, but there are default laws that protect you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.