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New York Business Law Questions & Answers
2 Answers | Asked in Business Formation, Immigration Law and Business Law for New York on
Q: Should I convert my LLC to a C Corp while on STEM OPT?

I'm currently on a STEM OPT extension with about 1.5 years remaining. I previously registered an LLC as a partnership in New York, but now I plan to form a C corporation to align with STEM OPT rules and attract more investors. Should I convert the existing LLC into a C corporation or register... View More

Samuil Buschkin
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answered on Nov 7, 2025

hello, your situation involves overlapping immigration, employment, and corporate law issues that should not be handled without professional guidance. While it’s great that you’re thinking ahead about compliance with STEM OPT regulations and investor readiness, these areas are complex and can... View More

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3 Answers | Asked in Business Law, Contracts and Insurance Defense for New York on
Q: Can I take my car when I leave home if it's in my name?

If I decide to leave my home, am I legally allowed to take the car, given that the car is registered in my name and the insurance is also under my name? Are there any legal consequences or concerns I should be aware of?

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2025

If you bought the car or it was gifted to you, and you own it outright or your name is on financing or leasing documents, and title, registration and insurance are under your name, you are generally free to do what you want with the vehicle. However, the reason someone might such a question might... View More

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3 Answers | Asked in Business Law, Contracts and Insurance Defense for New York on
Q: Can I take my car when I leave home if it's in my name?

If I decide to leave my home, am I legally allowed to take the car, given that the car is registered in my name and the insurance is also under my name? Are there any legal consequences or concerns I should be aware of?

Samuil Buschkin
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answered on Nov 3, 2025

If a car is titled and registered in your name, you generally have the right to take it with you when you leave home in New York or New Jersey. The name on the title determines ownership, not who paid for the car or whose name appears on the insurance. As the legal owner, you may use, move, or... View More

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2 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for New York on
Q: How can I legally use information from a 2022 patent to develop a product?

I'm interested in using information from a patent issued in 2022 to develop a new product. The patent is still active, and I understand someone holds the rights to it. I am unsure how to effectively contact the patent holder, and I need guidance on the legal process for licensing or using the... View More

Stephen E. Zweig
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answered on Oct 30, 2025

Patent applications contain different types of information. Some of this information is in the public domain, while some information may be owned by other entities. Only part of the information pertains directly to the invention itself.

One thing that you can not do is to make or use an...
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2 Answers | Asked in Business Law, White Collar Crime and Criminal Law for New York on
Q: Can my husband face legal trouble for using a charity's credit card for personal expenses?

My husband co-owned a nonprofit charity with a friend and used the charity's credit card for personal expenses. The charity's board was aware of these charges, but no reimbursement has been made, and there haven't been any legal or formal actions taken so far. Could my husband face... View More

Michael S Pollok
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answered on Oct 18, 2025

Whether he gets into "legal trouble" depends on a number of factors. What are the by-laws of the not for profit, is there written evidence that the board gave approval for him to use the entity's credit card for personal expenses and was that approval contingent upon prompt... View More

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2 Answers | Asked in Mergers & Acquisitions and Business Law for New York on
Q: Do commercial law partners need math or client development skills?

As someone interested in becoming a commercial lawyer, particularly in mergers and acquisitions, I'm concerned about the role of math in a law firm's operations. Do partners in law firms typically need to engage heavily in activities involving math, such as reading graphs or analyzing... View More

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2025

You could double check with attorneys here who specialize in mergers and acquisitions law. I do not have experience in that area. But for the most part, the math that confronts attorneys is at the level of high school math for an academic diploma. No calculus. No differential equations. No... View More

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2 Answers | Asked in Contracts and Business Law for New York on
Q: NDA concerns for freelancer designer: liability in online data breaches and uncapped indemnity.

I'm a new freelancer working as a designer, signing an NDA with a client before starting a project, without having an LLC, as I'll sign as myself. The NDA stipulates a duration of five years, has uncapped indemnity, and I'm concerned I could be liable for online data breaches that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2025

You did an excellent job analyzing the agreement for a non-attorney. Naturally, it would be ideal to have someone who handles these things for your line of work look it over, to be vigilant for issues that normally arise. One point you could look closer at is the threshold for negligence, maybe... View More

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2 Answers | Asked in Contracts and Business Law for New York on
Q: Can a 501(c)(3) venue charge another non-profit standard rental and service fees?

I am on the board of a non-profit organization, and we are renting a venue for our annual fundraiser. Recently, this venue became a non-profit (501c3), and they are charging us a room rental fee, a high minimum spend on food and beverage, and a gratuity—even though these rates are the same as... View More

Samuil Buschkin
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answered on Sep 15, 2025

Yes, a 501(c)(3) venue can legally charge standard commercial fees to another nonprofit unless a law, regulation, or contract provision says otherwise. Your best option is to negotiate or shop around, but there’s no automatic legal requirement for a discount.

So the bottom line: it is a...
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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Family Law for New York on
Q: How can I get my name on the deed and ensure rental transparency after a signed purchase agreement?

I have a signed purchase agreement indicating that I own a building, but my ex-husband did not include my name on the deed. I am unsure if the property has a mortgage, and he is not transparent about the rental income, giving me less than half. There are no legal proceedings currently in place, but... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Sep 4, 2025

Greetings: it appears you believe you own a rental building and would like to enforce your ownership rights. To enforce one's ownership rights, they would have to initiate litigation against the recorded owners. Through litigation, ownership would have to be proved (such as by an agreement;... View More

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4 Answers | Asked in Appeals / Appellate Law, Business Law and Insurance Defense for New York on
Q: Appeal for full life insurance payout as primary beneficiary in NY?

The insured person had a life insurance policy listing two primary beneficiaries: her mother and me. No specific percentages were listed, and there were no contingent beneficiaries. Her mother passed away after the insured but before the payout. The insurance company plans to split the payout... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2025

To give you a definitive answer, attorneys would probably want to see the life insurance policy. Life insurance policies can operate as a contract, independently of estates and wills. In many cases, they do that in a straightforward manner. But it's possible the insurance carrier may be... View More

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2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: How long is the removal process from an LLC in New York with no outlined process in an agreement?

I am a member of an LLC in New York and wish to be removed. There is an operating agreement, but it does not outline the process for removal. All members agree with the removal, and there are no remaining obligations or responsibilities on my part. How long does it typically take to be removed from... View More

Toshinori Isoai
Toshinori Isoai
answered on Aug 26, 2025

It all depends on how you would like to terminate your association as a member. If you just want to be "out" and there is no op agreement in place, you may want to have all the members sign a LLC resolution (in lieu of a special meeting) indicating that the LLC (and all the members)... View More

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3 Answers | Asked in Business Law, Civil Litigation, Contracts and Family Law for New York on
Q: Legal show in NYC: Litigator & transactional lawyer characters, partners in same firm. Advice on realism and writing tips.

I'm writing a legal show set in NYC featuring two lawyer characters. One is a litigator who frequently appears in court with clients, and the other is a transactional lawyer working at the firm. They met in law school and are now dating. I want them to be partners in the same law firm, sharing... View More

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2025

Your question covers considerable territory and could be something that screenwriters might have better insight into than practicing attorneys. Attorneys could advise you on technical details, for instance whether a courtroom scene you considered would align with Civil Practice Law & Rules,... View More

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3 Answers | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: Can litigators and transactional lawyers co-lead cases in NYC firms?

I'm interested in knowing if it's possible for litigators and transactional lawyers to work together as partners on the same cases in a New York City law firm. Specifically, can they collaborate closely and co-lead cases, despite having different legal specialties? Are there any legal or... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2025

Absolutely, they can. One attorney could have strong courtroom skills and the other could be highly knowledgeable in the substantive and technical aspects of a given matter. In terms of law firm policy, I don't think most large firms would have problem with such an arrangement, as long as it... View More

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2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: How to structure a 50/50 LLC partnership in CAD design industry with a unique profit split for projects?

I'm forming a 50/50 partnership LLC with a partner in the CAD design industry. I will handle sales and marketing while my partner manages engineering. He wants a 66/34 profit split for projects he completes independently, utilizing company resources. We're splitting decision-making... View More

Simon Kogan
Simon Kogan
answered on Aug 7, 2025

I understand that you are moving into an innovative period in your lives as partners and would require an ironclad agreement to keep things moving seamlessly.

These issues are typically addressed in the LLC formation’s LLC Operating Agreement, which both partners should collaborate on....
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1 Answer | Asked in Divorce, Child Custody, Business Law and Family Law for New York on
Q: How to file for divorce with potential custody and property disputes?

I am planning to file for divorce from my spouse, but we are not separated yet. We need to agree on child custody and there may be a dispute over our jointly held car loan and other property. How should I proceed?

Stephen Bilkis
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answered on Aug 1, 2025

It’s understandable to feel overwhelmed when considering divorce, especially when children and shared property are involved. Planning ahead and knowing the proper steps under New York law can help you navigate the process more confidently.

In New York, you do not need to be legally...
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2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: How many trademarks are needed for athletic wear and accessories logos and designs on Etsy?

I am seeking guidance on how many trademarks I need to register for the logos, designs, and phrases used on my athletic and leisure wear and accessories, which I sell through Etsy. My product range includes items like t-shirts, sweatpants, running shorts, tank tops, hoodies, sweatshirts, jean... View More

Alan Harrison
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answered on Aug 1, 2025

You might need a distinct trademark application for each logo, phrase, design variation. Each trademark application would have multiple "classes" at $350/class for the filing fee. Attorney charges for preparing a TM application vary significantly. Attorneys tend to discuss their fees... View More

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3 Answers | Asked in Business Law, Real Estate Law and Landlord - Tenant for New York on
Q: Can I evict a tenant using my personal name if the lease isn't under corporation's name?

I am the sole owner of an S corporation that owns rental units. I mistakenly issued a lease to a tenant using my personal name instead of the corporation's name. I have consistently used my personal name in all communications concerning the lease, and the corporation was never mentioned. The... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Aug 3, 2025

The eviction lawsuit requires that the Petition state the relationship of the Petitioner to the rented premises and the relationship of the Respondent to the premises. The statute authorizes the proceeding to be maintained by the landlord or lessor. Ownership is not usually required by the statute... View More

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2 Answers | Asked in Business Law and Contracts for New York on
Q: Can changing car registration to TLC impact my finance agreement?

I recently purchased a car and declared it for personal use. However, my situation has changed, and I plan to register it as a New York City TLC vehicle for work. I haven't received the financing paperwork yet, but I indicated the car was for personal use when I bought it three weeks ago. I... View More

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2025

It could. It would depend on your finance company. Some differentiate on usage of the vehicle; some don't care, as long as the monthly payments keep coming in. I recommend you review the terms of your finance agreement and check with your finance company. It's also possible they could be... View More

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3 Answers | Asked in Contracts, Civil Litigation and Business Law for New York on
Q: Legal action for unpaid timber sales in Cortland County, NY

I had an agreement with a man to cut and sell timber from my property in Cortland County, NY, where I would receive 55% of the sales. We have a written contract, but the payment was supposed to be contingent on receiving written proof of timber sales, which he has withheld. He started taking trees... View More

Anthony Wilkinson
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answered on Jul 2, 2025

I'm sorry you have been treated so poorly by this contractor. My family personally has a large tract of land in a nearby state, and I have considered various offers to cut down trees on our property. I imagine I would also be frustrated by a contractor who didn't do what he promised.... View More

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2 Answers | Asked in Civil Litigation, Business Law and Real Estate Law for New York on
Q: How does disgorgement computation affect settlement with a co-op board in NY for fiduciary breaches?

I'm entering settlement talks with my co-op board, which I believe is corrupt. The issues involve breach of fiduciary responsibility and disgorgement. The board has used apartments for financial gain through illegal sublets and short-term rentals like Airbnb. They’ve obstructed my right to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 7, 2025

I gather that this is an HDFC cooperative. Does HPD retain a supervising or oversight role? Generally, if a court ordered restitution to the coop from the unfaithful directors, there would be a monetary judgment against each one, as well as a referee report detailing the computation of what each... View More

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