New York Business Law Questions & Answers

Q: I have a question regarding my store rental. I signed a contract just over 2 years ago...

1 Answer | Asked in Business Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
If you have the standard store lease, you owe the amount in the lease. Do not risk eviction over $1200. While it is not a default, now that it has been demanded, you owe it. If you pay, get a letter that explains the deal and that there is no default.
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Q: How do UCC statements affect the running of a business?

1 Answer | Asked in Business Law for New York on
Answered on Jul 9, 2018
Michael David Siegel's answer
They are just security interests, so they don't really.
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Q: I m a line leader at a company and was just accussed of bullying and conversing in a sexual manner. What do I do?

2 Answers | Asked in Business Law, Employment Discrimination and Sexual Harassment for New York on
Answered on Jun 30, 2018
Derek John Soltis' answer
It sounds like you are in a tough spot. You really need to speak with an attorney before making any choice that has a long term impact on your career.

If you were actually bullying people and talking in a sexual manner you would most likely be terminated rather than demoted. Keeping someone employed in the same work area as the person that complained can create a chance for a hostile work environment.

Unless you have a contract or in a union you are most likey an at will...
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Q: Can my business partner threaten me that, when I leave a company I have to pay him back 25% of his investments?

1 Answer | Asked in Business Formation, Business Law and Employment Discrimination for New York on
Answered on Jun 21, 2018
Michael David Siegel's answer
It depends on what ever deal you made.
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Q: For small claims if my company is in LI NY but company in Westchester and job in NYC. Where do I file claim?

1 Answer | Asked in Business Law and Small Claims for New York on
Answered on Jun 20, 2018
Michael David Siegel's answer
I would do Manhattan, not LI. Westchester OK too. But $3000 is limit for small claims in suburbs. NYC limit is $5000.
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Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company

1 Answer | Asked in Business Law and Civil Litigation for New York on
Answered on Jun 14, 2018
Aubrey Claudius Galloway's answer
You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.

Q: I bought a new apartment and would like to rent the old one which I own through an LLC. Should I open an account in

1 Answer | Asked in Business Law for New York on
Answered on Jun 12, 2018
Michael David Siegel's answer
I am not sure the LLC structure is needed here. The tax benefits do not apply unless you own the apartment. You need a tax ID to rent something. Your own lease may not allow it.

Q: Can police search my phone with out consent, and can they use other information on my phone for another arrest?

1 Answer | Asked in Business Law, Civil Rights and Criminal Law for New York on
Answered on May 30, 2018
Aubrey Claudius Galloway's answer
Not really; but you should consult an attorney. They cannot break into your phone or look at your call records without getting a warrant from a judge. HOWEVER, if the picture was ON YOUR LOCKSCREEN AND THUS IN “PLAIN VIEW” they likely have “PROBABLE CAUSE”, considered it was seized and obtained via an inventory search (and depending on how much weed and other factors were in the pic) to “OBTAIN A WARRENT”. If they do, they can break into the phone and also subpoena your records...

Q: Hi, i want to present an idea to a company.....i want to know what documents i put in place before i present the idea?

1 Answer | Asked in Business Law for New York on
Answered on May 29, 2018
Benton R Patterson III's answer
The most common document used in this scenario is a nondisclosure agreement. You should speak with a business attorney about preparing a nondisclosure agreement for your specific needs.

Q: I'm considering opening a small business in Albany. Am I required to appoint a board of directors or can I just manage

1 Answer | Asked in Business Law for New York on
Answered on May 29, 2018
Benton R Patterson III's answer
It depends on how the business is structured when it is set up, but it is possible to set up a business entity where you are the sole manager without a board of directors.

Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Answered on May 11, 2018
Aubrey Claudius Galloway's answer
Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of negative light, but otherwise you are likely good to go because they cannot complain about positive solicited if you were going to paint them in some sort of negative light, but otherwise you are...

Q: I'm a new business owner. Do I have to file any sort of quarterly or annual reports with the state of New York?

1 Answer | Asked in Business Law for New York on
Answered on May 2, 2018
Michael David Siegel's answer
Not a "report", but you will need to file tax returns. The kind of returns depends upon your business. Get a good accountant.

Q: Am I or my spouse personally responsible for debts taken out by my small business?

1 Answer | Asked in Business Law for New York on
Answered on Mar 23, 2018
Michael David Siegel's answer
Probably not, unless you guaranteed them. There are some exceptions so a review of the claims would be required.

Q: Pay duties during the process phase of prototype development? These are not for sale as we are still in dev.

2 Answers | Asked in Business Law, International Law and Patents (Intellectual Property) for New York on
Answered on Mar 19, 2018
Kevin Flynn's answer
I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.

There are lots of items that are deemed to have value before the end product. Denim has value even though it is several processing steps shy of being a finished pair of jeans. Even the cotton at the start of the process had some degree of...

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