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New York Business Law Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

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.

David H. Relkin
David H. Relkin answered on Jan 24, 2022

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 »

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1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

1 Answer | Asked in Business Law for New York on
Q: I’m trying to dissolve my llc right now using the website click dissolve

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 »

Samuil Buschkin
Samuil Buschkin answered on Jan 19, 2022

If the legal entity is an idle and unutilized shell, it's best to dissolve it.

2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

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 »

V. Jonas Urba
V. Jonas Urba answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
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1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

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.

1 Answer | Asked in Business Law for New York on
Q: LLC Agreement language that assigns 50% of Member ownership to someone, but 0% of expenses on their K-1.

Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):

Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.

1 Answer | Asked in Contracts and Business Law for New York on
Q: Is a bill of sale that is not notarized valid?

I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?

Michael David Siegel
Michael David Siegel answered on Jan 8, 2022

The notarization is not required, but usually done to prevent allegations of fraud.

2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

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 »

David H. Relkin
David H. Relkin answered on Jan 3, 2022

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...
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1 Answer | Asked in Business Law for New York on
Q: I own a business with no employees do i have to get vaccinated for the mandate on dec 27th?
Samuil Buschkin
Samuil Buschkin answered on Dec 26, 2021

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 »

2 Answers | Asked in Consumer Law, Contracts and Business Law for New York on
Q: I received a civil court summons from company's lawyer, can I offer to pay full amount w/o filing an answer in court?

The amount that is owed originated from a service that the company performed at my home.

Can I call the law firm directly and offer to pay the full amount without filing an answer to the summons at the court?

Location: Nassau County, NY

Thanks

Michael David Siegel
Michael David Siegel answered on Dec 10, 2021

Sure. But make sure you have a written agreement that after payment the case will be dismissed with prejudice.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for New York on
Q: Can a summons be dismissed if a claim was submitted to a civil court,instead of small claims(as directed in contract?)

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.

The service... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 9, 2021

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.

3 Answers | Asked in Business Law for New York on
Q: How do i sign over the other 50% percent of my business to the other owner
Samuil Buschkin
Samuil Buschkin answered on Dec 7, 2021

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 »

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: Planning on starting a business delivering a variety of Tobacco products sold in stores so people don’t have to move.

Had a couple questions to avoid any legal issues!

Toshinori Isoai
Toshinori Isoai answered on Dec 4, 2021

Your specific questions need to be provided. Tabaco products (business) may fall into several categories that can be highly regulated.

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Can I hold my nonprofit's events at my restaurant free of charge but charge attendees for food and beverages?

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?

Samuil Buschkin
Samuil Buschkin answered on Nov 29, 2021

There is a way to structure it without a violation of Section 4941 of the IRC.

1 Answer | Asked in Business Law for New York on
Q: What if the bylaws are silent as to powers of the executive committee?
Samuil Buschkin
Samuil Buschkin answered on Nov 21, 2021

It all depends but the by-laws should provide a way to create and assign (a) an executive committee and (b) equip it with powers.

2 Answers | Asked in Business Law for New York on
Q: How do I transfer legal ownership of my business from me to someone else

Operating in NY

Michael David Siegel
Michael David Siegel answered on Oct 14, 2021

Depends how you own it now, and what deal you have struck for the transfer.

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1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: Do I have a case to get refunded for my Airbnb?

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?

Elaine Shay
Elaine Shay answered on Oct 8, 2021

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 »

1 Answer | Asked in Estate Planning, Contracts and Business Law for New York on
Q: My contractor for remodeling my home never give us a CO can we file a report it been 8 years.

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 »

Michael David Siegel
Michael David Siegel answered on Sep 24, 2021

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.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: I sold back business in 2020 with a non compete for 5 years. I’m in a situation where I would like to start another one

Would starting a new business in the same field violate my non compete? And if so, what is the penalty?

Michael David Siegel
Michael David Siegel answered on Aug 6, 2021

First, no one could answer this without seeing the terms of your agreement. Second, even if you had a solid defense, another issue is whether your old company would sue you in any event.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: can you still have rights to a partnership business after you exit but no contract was drawn up?

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 »

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

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.

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