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New York Business Law Questions & Answers
1 Answer | Asked in Business Law and Contracts for New York on
Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable

i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 18, 2020

It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is... Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Q: Is there a law that protects the consumer from being forced into buying a warranty on a used car?

I did not want to purchase the warranty but without it I was not going to be allowed to purchase the vehicle. I requested written information regarding the warranty but nobody at the dealership was able to provide me with that, all they could do was tell me that it was mandatory and would be valid... Read more »

Gary Lane
Gary Lane answered on Sep 2, 2020

That is very clearly fraudly and extortion. You should immediately report it to the Attorney General's Consumer Fraud and/or Extortion Units! Criminal.

2 Answers | Asked in Business Law and Consumer Law for New York on
Q: Am i obligated to pay for my daughters dance classes through covid? They were closed. Offering online class.

They offered online classes but my daughter decided she no longer wanted to go. So we didn't attend the classes.

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

It depends on your contract. If you did not pay, I cannot see them suing you.

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1 Answer | Asked in Business Law, Contracts and Employment Law for New York on
Q: My company paid me advances using PPP money and now are clawing it back. is this legal?

I work in solar sales, paid commission. Normally I get 25% when job is started and 75% of my pay when it is installed (typically 2-3 months later but covid made that 4-6 months). My company took the PPP money and paid all the salespeople on all their jobs the full amount with those funds. However,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 25, 2020

Not only is it "right" and "legal" it is required by the CARES Act that your employer used to get the PPP money in the first place.

Without spending forever educating you on the CARES Act and explaining how the Payroll Protection Program works all I will tell you is...
Read more »

1 Answer | Asked in Business Law for New York on
Q: How can I prevent harrassment in office ladies room for not wearing a mask.

Another employee on the office floor keeps harrassing me when she sees me in the ladies room on our floor w/out a mask. She asked what company I work for? What can I do about this?

Mitchell A. Nathanson
Mitchell A. Nathanson answered on Aug 18, 2020

Wear a mask.

1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: I want to start promoting my business but I dont want anyone in the nation to take my business name. How would I protect
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck

Tim Akpinar

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Is the operation agreement of an LLC binding if no one has signed it? And can you then vote a member out if it isn't?

There are three members in the LLC, of which no one ever signed the operating agreement. It was formed to handle business for a podcast. One member left the podcast has left, and he wants to keep the LLC since he paid for the legal fees associated with the formation of the business. The two other... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Aug 3, 2020

Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be... Read more »

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1 Answer | Asked in Business Law for New York on
Q: My single member llc has membership (partner) in other multi member llc . Which Owns real estate (hotel ) . Can I

Transfer my single member llc to my son ?

Michael David Siegel
Michael David Siegel answered on Jul 19, 2020

The issue depends on your operating agreement.

1 Answer | Asked in Business Law, Communications Law and Internet Law for New York on
Q: Can I post a video from a national morning show on my company social media channels?
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

You're asking about media in which the owner can assert certain intellectual property rights. This does involve all the categories you correctly listed, but if you reposted in the Copyright Law category, the attorneys there could probably offer the most meaningful insight. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Constitutional Law for New York on
Q: Is the right to free speech is an absolute right? Do businesses and individuals share the same right to free speech?
Tim Akpinar
Tim Akpinar answered on Jul 2, 2020

It's an important right provided by the First Amendment and corporations can also enjoy those rights. It is not an absolute right. There are limitations, such as fighting words, defamation, obscenity, false advertising, and others. Good luck

Tim Akpinar

1 Answer | Asked in Business Law for New York on
Q: Contract violation by a company in NY.

Contract terms state that the the violating party will handle lawyers expenses. Invoices have been sent regularly but the violatiing company does not respond. My company is register in MN but prefer the case to be handled in NY because the company is present in NY with multiple engagements/... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 1, 2020

Not really that novel a case. You can sue. Stated account claims are simple. Not sure if there are defenses. It is an hourly fee. Collection is always an issue, but if you do nothing, you get nothing, and that is the worst case scenario.

1 Answer | Asked in Contracts and Business Law for New York on
Q: In a limited partnership, can the only GP file a Cert. of Cancellation, without the signatures of the 2 remaining LP's.

This a family LP between a Parent as the GP and 2 siblings as LP's. Can the parent and 1 of siblings file a Cert. of Cancellation without telling the the remaining LP sibling.

Michael David Siegel
Michael David Siegel answered on Jun 25, 2020

It is governed by the partnership agreement. It depends also on the percentage of ownership of each.

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: how to get my deposit back when the contract expired?

This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).

Michael David Siegel
Michael David Siegel answered on Jun 22, 2020

First, the contract will have terms. Second, if you are in the right, you may have to sue.

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1 Answer | Asked in Contracts, Business Law and Insurance Defense for New York on
Q: I live in Suffolk county NY. I want to take a travel insurance company to small claims but theyre based in Missouri.

Where would i make the claim? The insurance was purchased online along with travel package through groupon

Sarah Elena Gold
Sarah Elena Gold answered on Jun 17, 2020

You won't be able to make the claim in small claims court in NY. The Defendant must reside, work or have a business address within the five western towns of Suffolk County. You'd have to bring the claim in county court, which will be considerably more expensive and may be cost... Read more »

2 Answers | Asked in Business Law and Trademark for New York on
Q: Can i still use Goddess of Wink for my Eyelash company? I see that Goddess Wink is trade marked.

I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.

Tim Akpinar
Tim Akpinar answered on Jun 9, 2020

If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.

Tim Akpinar

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1 Answer | Asked in Business Law and Contracts for New York on
Q: Can I withhold returning goods to a NY based company which owes independent contractor $ and expenses?

My contract calls for weekly compensation and commissions but they are ignoring my written requests for past due weekly compensation, expense reimbursements and commissions. I am in possession of their goods used as samples

Michael David Siegel
Michael David Siegel answered on Jun 8, 2020

Yes. It is called a setoff.

1 Answer | Asked in Business Law for New York on
Q: Is it legal for a wedding venue to use wedding service down payments for their operating budget?

We are asking because we are getting married next may and want a guarantee that if they go bankrupt that we will not lose the many thousands of dollars that we would have made in down payments so we offered to set up an escrow account (which should have been totally fine) but the venue response... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 8, 2020

There are no guarantees here. Wedding venues do not have escrow accounts for deposits like a lawyer or real estate owner.

2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: I own a barbershop/salon the landlord wants 2 months of rent I'm suffering by the COVID19 Virus what is the best option?
Elaine Shay
Elaine Shay answered on May 18, 2020

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »

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1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
Read more »

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