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New York Business Law Questions & Answers
1 Answer | Asked in Business Law and Employment Law for New York on
Q: If somone quits the company and currently doesnt work for it can the manager have them come in to cover a shift?

The company didnt approve her being their the manager just let her do it and she does not work there she quit

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

All employees, managers or non-managers, exempt or non-exempt, must be paid for all services performed. Some severance agreements have provisions that a former employee will assist or perform nominal services after their severance date. Most employers do not want the liability of injuries or wage... Read more »

2 Answers | Asked in Business Law for New York on
Q: Am I able to sue or do anything about this situation?

I was offered a promotion by my CEO in order to keep me from leaving the company to go to school.(I am the top salesman at our dealership) I accept the promotions due to the promises told to me and what I was able to do for the company would help me start my business. Two months later there CEO... Read more »

Mathew Paulose
Mathew Paulose answered on Dec 4, 2019

Greetings. We agree with Michael. But since you may have the commitments in writing, whether by email or in some other form, we want to add that you should take your potential case to an employment lawyer and have the lawyer flesh out the facts for you and see if you have a colorable claim. The... Read more »

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1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Who owns the code I wrote for an app when no contract was signed?

Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... Read more »

Mathew Paulose
Mathew Paulose answered on Nov 24, 2019

Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in determining whether... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: Dissolving church that owes mortgage. Are we still liable if holder calls mortgage and sells for more than is owed?

Church is incorporated and registered as religious corporation.yes, we are looking to dissolve and realize this requires court proceedings. The membership is next to nothing. Pastors health is seriously diminishing. The mortgage is paid monthly and is being held by the original owner of the... Read more »

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

This is actually a little more complex than you make it. Is church a registered religious corporation? Are you looking to dissolve the corporation? It may require a court proceeding.

1 Answer | Asked in Business Law for New York on
Q: What happens if a director is voted off a board by other directors of a voting membership. NYS

Directors are voted in by voting members.

Mathew Paulose
Mathew Paulose answered on Nov 18, 2019

Greetings. We would need a lot more information to provide you with a reasonable answer. For example, what type of membership is this? An athletic association, a union, a corporation, a condo or coop, a government entity, or one of many other types of organizations that have members and a board?... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Q: Can my landlord tell me that I’m not allow to sell my business ?

Even if the buyer qualifies with the landlord requirements

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Depends on the terms of your lease, which govern.

2 Answers | Asked in Business Law for New York on
Q: What is the definition of a “month” in NY contract law is., “the term of this agreement will be three months”
Mathew Paulose
Mathew Paulose answered on Nov 7, 2019

Greetings. See NY General Construction Law section 30. "A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last... Read more »

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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 »

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