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New York Business Law Questions & Answers
1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
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2 Answers | Asked in Business Law for New York on
Q: My chef quit and is opening a restaurant (same food) 3 blocks away from me. Is that legal?

The chef is the sister of the previous owner of my establishment

Mathew Paulose
Mathew Paulose answered on Oct 1, 2019

Greetings. We would need more information to give you a worthwhile answer. If the facts are simply that the sister of the previous owner started a competing business near you, then we see no unlawful behavior. If however the competing business is engaging in anti-competitive behavior, then you may... Read more »

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1 Answer | Asked in Banking and Business Law for New York on
Q: is it right for me to be charged as the vendor for something that the customer inputted online incorrectly?

https://support.buildium.com/hc/en-us/articles/200689678-Return-Code-R03-Unable-to-locate-account-or-name-does-not-match

we are not a retail establishment

Mathew Paulose
Mathew Paulose answered on Sep 11, 2019

Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If it's a... Read more »

1 Answer | Asked in Contracts and Business Law for New York on
Q: We require to write on an envelope tender:“tender no... st’” and we wrote street instead

Can our proposal disqualified because of it?

It should have written:st’

And we wrote street.

I’m scared I will be fired because of it

Mathew Paulose
Mathew Paulose answered on Sep 9, 2019

Greetings. We do not have sufficient information to provide you with a reliable answer. From what we can tell, you made a typo on an important document and want to know if you can be fired for it. The simple answer is yes. In NY, you may be fired at will unless you have a contract that says you... Read more »

1 Answer | Asked in Business Law for New York on
Q: I signed a consignment agreement on July 11, 2019. Can I change my mind about selling and ask for my property back?

Shop owner never signed agreement, also did not provide sale prices until after I signed. Prices never discussed with me. I don't trust him at this point and the pictures have sentimental value, I made a mistake and I want my pictures back. Owner feels he should be allowed 90 days to try and sell.... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 28, 2019

It depends on what the agreement said. How do you know owner did not sign?

1 Answer | Asked in Banking and Business Law for New York on
Q: Do I have to file a restated certificate if I already filed an amended certificate of incorporation?

I’m a single owner of my corporation trying to get an SBA Loan through a bank.

Michael David Siegel
Michael David Siegel answered on Aug 20, 2019

I do not know what a "restated" certificate is. What are you trying to do?

1 Answer | Asked in Business Law for New York on
Q: Would my holding company be better as a c corp or just llc
Michael David Siegel
Michael David Siegel answered on Aug 9, 2019

This is totally a tax issue which depends on your tax return. There is no set answer.

1 Answer | Asked in Banking and Business Law for New York on
Q: I was 50% owner of a small corporation. When I retired I gave my shares to my partner for $1 with the understanding that

he would pay outstanding loans. Two were in my name personally but he has agreed to pay them off. Years have gone by and I am making payments but nothing from him. About $40,000. Can anything be done?

Michael David Siegel
Michael David Siegel answered on Aug 8, 2019

You can sue, but the case will turn on your proof, which seems thin based on your post.

1 Answer | Asked in Business Law for New York on
Q: What paperwork must I file with NYS to transfer ownership of a corporation, with no assets ?
Michael David Siegel
Michael David Siegel answered on Aug 7, 2019

Short answer -- none. Best practices answer -- amend the certificate of incorporation to change the address for service of process.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: How do I move an LLC from NY to CA in a process that results in a domestication equivalent.

I am under the impression that New York doesn't allow for domestication, and because it is required in both states it wouldn't be possible as a result. Therefore, my only options would be creating two LLCs, potentially dissolving the original, or creating a foreign entity in CA. However, I recently... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 7, 2019

There would be no reason to do this. It does not impact taxation or operations.

1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for New York on
Q: What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
Charles Joseph
Charles Joseph answered on Jul 24, 2019

Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU,... Read more »

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Does a band under an LLC have to file a new LLC (i.e. foreign qualification) in every state they play a concert in?
Michael David Siegel
Michael David Siegel answered on Jul 19, 2019

The short answer is no. But, there are tax issues in each state, and the matter will turn on the manner of payment. The most famous case on this involved the State of New Jersey against Lawrence Taylor the football player. The state sought to recover taxes for each game day in NJ based on his... Read more »

1 Answer | Asked in Business Law, Contracts and Small Claims for New York on
Q: If I have a signed but undated loan contract (with myself being the lender), how can I prove my case in court?
Michael David Siegel
Michael David Siegel answered on Jul 9, 2019

Prove the advance of funds. There should be a date on the check.

1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: Is there a deadline for co-ops to provide financial statements to its shareholders?
Elaine Shay
Elaine Shay answered on Jul 8, 2019

Both NYS law and the Coop's By-Laws address requirements for the financial information that must be provided to shareholders. If you have questions about your specific building, it would be useful to sit down with an attorney to review the unique circumstances of your Coop.

1 Answer | Asked in Business Law, Construction Law and Contracts for New York on
Q: Is a oral contract with a remodeling contractor who has been given the code approved plans provable in a court of law?

Hired a contractor upon receiving a written estimate. He was provided with engineered building plans and the knowledge the code enforcement was involved. I was the permit holder. He received payment in advance due to him stating he could secure financing through Synchrony bank where he is a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Your question assumes a critical fact not established in this dispute. Just because you say the contract was oral does not make it so. IMPO, the remodeling contract you have with the contractor is clearly evidenced by the written estimate provided to you, apparently without objection. Paying the... Read more »

1 Answer | Asked in Business Law for New York on
Q: Regarding Retainage on a contract in NYC: We are a subcontractor to a general contractor

In the Service Contract that we signed, payment of the retainage is specified as being no more than 30 days after the GC is paid by the Owner. I'm wondering if the actual due date for payment is 30 days after we complete work ... not based on whether the GC is paid or not. I believe that the... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 12, 2019

The retainage should be paid when the GC is paid, as this payment is for past work. You should also have a completion payment. It is possible there is an overlap between the two.

2 Answers | Asked in Employment Law and Business Law for New York on
Q: Can a business withold an employee's earnings?

Accounting said they paid double overtime by accident and that they need retribution. They are withholding my paycheck until i sign a form and say they can take it out of future paychecks.

V. Jonas Urba
V. Jonas Urba answered on Jun 7, 2019

I think you meant to write "restitution." If you pay anyone more than they are entitled to they will need to pay you back. You accidentally hand the McDonalds clerk a 50 instead of a 20 but only get change for a 20 they do not get to keep the excess unless they honestly did not see that you handed... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for New York on
Q: Help filing suit for breech of contract.

I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: I need to depose witness that lives out of state. I want the depo governed by NY CPLR rules. any caselaw on this?
Michael David Siegel
Michael David Siegel answered on Jun 6, 2019

Even better, there is a statute. You need to get something called a commission, which is a special proceeding in the state where the witness lives, based on an order from the NY court.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Starting a sole proprietor pet sitting business. Do I need a DBA and/or EIN?

I will be operating under a different name than my legal name and will be hiring independent contractors.

Michael David Siegel
Michael David Siegel answered on May 28, 2019

If you are using a name instead of your own, you definitely should have it registered as a DBA. While you do not have to incorporate, if you are hiring people, you should. One is not necessarily an independent contractor just because you say so.

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