I do have an office out of which I conduct business, but again: I do not ever provide anything tangible. (Not even a single piece of tangible paper goes from my hand to the client's hand.) Also, I use online software (purchased online only) to create the websites for clients. If it matters: I... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
In New York, if you provide online-only web design services and do not sell tangible goods, you are generally not required to charge sales tax to your clients. However, it's crucial to periodically review state and local tax laws, as regulations can change, and certain exemptions or... View More
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
answered on Aug 27, 2023
Maybe. Depends on the terms of the contract. But, it would take a lawsuit, and whether you can collect the costs of a suit or even a judgment, is speculative.
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2023
Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.
I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.
answered on Aug 13, 2023
In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023
Renting an apartment on your own and then subletting or renting it to someone else is generally known as subleasing. The legality of subleasing depends on several factors, including your lease agreement, local laws, and the landlord's policies.
In many cases, subleasing requires the... View More
answered on Aug 26, 2023
A statewide statute allows for a tenant the right of Subleasing an apartment in a building with four or more apartments with the advance written permission from the landlord even if the lease did not allow the right to sublet. https://www.nysenate.gov/legislation/laws/RPP/226-B
The statute... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023
Retaining or confiscating the source code could be considered a breach of contract or theft of intellectual property, which may lead to legal consequences. Instead, you should pursue appropriate legal remedies, such as negotiating with the customer, seeking payment through a collections process, or... View More
answered on Aug 3, 2023
If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More
I put in a dispute about a $100 unexplained fee with Discover, so they deactivated my account without notice. I now have no email on those accounts. Is it legal to do this without notice? I sent in many trouble tickets asking them what the fee was for but never got a solid answer. This is affecting... View More
answered on Jul 9, 2023
There are attorneys who specialize in IT matters, but your question remains open for a week. Until you're able to consult with one, from the standpoint of contract law, it could depend on your hosting agreement. It's possible the payment dispute was treated as a breach of the agreement,... View More
answered on Jul 2, 2023
You will want to look at the certificate of incorporation and the organization's by-laws.
Under New York law, the by-laws "may contain any provision relating to ... the rights or powers of its members." In general, New York law recognizes that the members may vote for the... View More
A small group of community volunteers have been given permission to paint a mural in the community. The building belongs to a local business and they need us to have some type of liability insurance. To get the insurance (and to smooth out the non profit fundraising), we think we need to be some... View More
answered on Jun 26, 2023
It could be difficult for anyone here to know what kind of insurance coverage is best, based on the type of business entity you contemplate going with. That's something an insurance agent may be better equipped to advise on. One option might be to reach out to insurance agents to explore... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2023
In New York State (there may be additional requirements for NYC), if you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State.
This rule covers:
High school graduates
Minors who work for their parents... View More
answered on Jun 25, 2023
In New York, a 16-year-old can work in a family business under certain conditions. Generally, minors who are 14 or 15 years old are allowed to work in a family business as long as the work is not hazardous and they have appropriate work permits. However, for 16-year-olds, there are usually no... View More
If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?
1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?
2- if you... View More
answered on Jun 6, 2023
Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More
Live in India.. do we need to add his info as well or not required (part 5 of the form) because they are requesting SsN n address etc! But he doesn’t have any n is it mandatory to even add his info
The form is LLC/LLP request for information
We just established a company and we... View More
answered on Jun 1, 2023
Greetings. It appears you would like to know whether you need to include certain information on a document involved in a corporate formation. Whether you do or do not depends on the form and what the form is for. Your inquiry does not sufficiently specify the form and the purpose of the form... View More
answered on May 28, 2023
Your question might continue to be overlooked under the "Trademark" heading, which is more about intellectual property rights involving brand names and related issues. You could repost under "Business Formation" and "Business Law." But because your question appears to... View More
A deal I was working on recently fell apart. The deal involved a co-broker who represented one of city’s largest developers and my firm. Co-broker is one of the top brokers at one of city’s largest firms.
Over the course of the transaction my client and I worked closely with the... View More
answered on May 7, 2023
If you can prove the co broker published the information to multiple parties and that you suffered commercial damage to your reputation as a result, you may have a defamation case. The challenge is usually proving that any loss of business resulted from the broker spreading false information, and... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023
You can still proceed with trademarking the name as long as it meets the requirements for trademark registration, such as being distinctive and not causing confusion with existing trademarks in the same industry. However, keep in mind that if other businesses are already using the same name, they... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
