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New York Business Law Questions & Answers
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.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Small Claims for New York on
Q: Good morning can anyone assist me on getting my 2020 taxes return from my accountant I can’t reach her she’s not reply

She has been doing my taxes for a few years now i call and text her about my situation ,but she doesn’t answer me , she move her office out east in Long Island New York , I’m trying to buy a house and I need my taxes information from her to get my Mortgage qualify

Michael David Siegel
Michael David Siegel answered on Jul 2, 2021

You can report her to the State licensing board, and see if they can help. You can order your return or a transcript of it from the IRS.

1 Answer | Asked in Business Law for New York on
Q: Hi. I would like to know why it is important to notify an offeree before withdrawing the offer
Tim Akpinar
Tim Akpinar answered on May 16, 2021

The general rule under contract law is that an offer can be revoked until acceptance. But there's more to it than this basic textbook premise - there can be exceptions and other factors. Good luck

Tim Akpinar

2 Answers | Asked in Contracts, Business Law, Constitutional Law and Government Contracts for New York on


V. Jonas Urba
V. Jonas Urba answered on Apr 27, 2021

Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.

Read more »

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2 Answers | Asked in Business Law and Contracts for New York on
Q: In New York State can two business enter a parking sharing agreement if one of the businesses owns the lot?

Let’s say Business A owns the lot and let’s customers use the lot between 9 am - 5 pm. Business B wants to use the lot between 5 pm and 10 pm for its customers. How could they go about striking an agreement to do this in NYC?

Tim Akpinar
Tim Akpinar answered on Apr 24, 2021

One option is to sit down with an attorney to discuss applicable issues - duration, terms of agreement, security measures, snow removal, insurance, maintenance, etc. Good luck

Tim Akpinar

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1 Answer | Asked in Employment Law, Tax Law and Business Law for New York on
Q: Im 17, not old enough to start my online buisness. So im starting it in my girlfriends name. Need help

So I am wondering, will she be legally in trouble for having my buisness under her name and filing for unemployment? We live in the New York area. I am doing all the work and stuff just under her name so the buisness can be made

V. Jonas Urba
V. Jonas Urba answered on Feb 16, 2021

Unemployment requires that everyone who intends to be self-employed discloses that fact to the DOL when they first apply for benefits.

It does not matter if someone earned no money from their business while unemployed. The key factor is disclosing an applicant's intent up front. DOL...
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1 Answer | Asked in Tax Law and Business Law for New York on
Q: Possible for a single person S-Corp to be paid via 1099 and file schedule c ?

What about for NY State? Any issue being paid via 1099 not on payroll for single person small scorp?

John Kiritsis
John Kiritsis answered on Nov 28, 2020

In short, the answer is probably yes. It would likely go through the IRS (especially if paper filed). However, at some point it would likely trigger an error/rejection type of message and/or an outright audit. S Corps file Form 1120S, which issues form K-1S. One of the great advantages of an S... Read more »

1 Answer | Asked in Products Liability, Tax Law, Business Formation and Business Law for New York on
Q: I'm from NYC. I am starting an e-commerce business. Could I get an LLC in Wisconsin? What are the pros and cons?
John Kiritsis
John Kiritsis answered on Nov 28, 2020

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... Read more »

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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2 Answers | Asked in Business Law and Contracts for New York on
Q: Am I following US or local law if I am a subcontractor working in the US, but I host data in Euro-based data centers?

Hi, I am a consulting company with operations in the UK and NYC. When working with US-based clients, the data our US consultants generate, store, or receive from clients is hosted in Euro-based data centers. Given the above, am I following proper legal, regulatory (Federal, State, or Local... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

This is a complex area of the law and it isn't possible to provide a response with the limited information provided. You need to consult with a Privacy Professional or a Privacy Attorney that can review your process and provide you appropriate guidance depending on multiple factors. This would... Read more »

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3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 27, 2020

What does the lease say? Usually, leaks, even in commercial property are the responsibility of the Landlord.

So, your options are probably:

1. Repair and deduct,

2. Sue for breach of contract, or

3. Declare the lease breached and leave.

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1 Answer | Asked in Consumer Law and Business Law for New York on
Q: Is there anything we can do to get reparations for the stuff that had been sold? Is what they did illegal?

Hi, I live in Upstate New York and we have, or should I say had a storage unit. We had the storage unit for about 3 years and had been making payments every year. A few days ago we went to put something in storage and found the lock had been cut and changed. We were just there in July-ish to get... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Your reparations could depend on the terms of the agreement. Because of the change of hands that took place, and the possible difficulty in pinning down when the loss took place, it could be a difficult claim. Depending on the amount of the loss, if it involved more than just A/C units, one option... Read more »

1 Answer | Asked in Business Law for New York on
Q: explain the Good Samaritan law in New York .google the origin of the Good Samaritan
Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

The origins of the law are based in wanting to provide legal protection to rescuers trying to help or save the lives of others in peril. The NYS Dept. of Health applies the principle to calling 9-1-1 in situations involving drug or alcohol overdose. Here is a link to their site:... Read more »

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.

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