New York Business Law Questions & Answers

Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.
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Q: A carrier claimed they were returning my parcel but they have not. They ignored all my requests for tracking information

3 Answers | Asked in Business Law and Consumer Law for New York on
Answered on May 17, 2017

See the shipping agreement as to the extent of liability. Often, if you declare a value and pay for additional insurance, you can make a claim. Otherwise, it will be difficult to prove the value of what was shipped.

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Q: In NY, is it legal to offer potential clients a $5,000 reward if we cannot provide a more cost effective solution?

2 Answers | Asked in Business Law for New York on
Answered on May 16, 2017

I am pretty sure that you're referring to a "Fair Trade Law" NY enacted, but the section you quoted pertains to games of chance, not to an offer for a cash reward if you are unable to provide a better deal. As such, it doesn't appear that you would be violating the law by making such an offer. If you didn't actually pay or provide the services then that would be another story.
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Q: Do Certificate of Incorporation Under Section 402 of the Not-for-Profit Corporation Law have to be updated periodically?

2 Answers | Asked in Business Law for New York on
Answered on May 15, 2017

The certificate is never updated for these issues, but there is an annual report that you should be filing which covers these issues.
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Q: Is a typed email receipt valid for a business tax write-off?

1 Answer | Asked in Business Law and Tax Law for New York on
Answered on May 10, 2017

The IRS requires you to provide "credible evidence" to substantiate a deduction. This should be fine but if you have the cancelled check, keep that as well. If you have a business card from the person you paid, attach it to the email and keep it in your files.
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Q: I rented stalls at a training center for my race horses and one of them was given drugs when I was not there. can I sue

1 Answer | Asked in Business Law, Contracts and Consumer Law for New York on
Answered on May 7, 2017

You can sue the people who gave your horses drugs without your consent; and if the center failed to provide any security which they promised to do, then you might be able to sue them as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice...
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Q: I have a fee dispute with a financial firm/lender based in NJ regarding a note and mortgage for a property that is in NY

2 Answers | Asked in Real Estate Law and Business Law for New York on
Answered on May 5, 2017

You can do either one, but if you are in New York, New York is probably better.
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Q: Terms of payment of the corporation's claim

2 Answers | Asked in Bankruptcy, Contracts, Business Formation and Business Law for New York on
Answered on May 5, 2017

I am not sure what you are trying to ask
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Q: Confusion on phrase *except for in your bad faith to all of the foregoing*

2 Answers | Asked in Contracts and Business Law for New York on
Answered on May 4, 2017

This provision appears to relate primarily to the brokers entitlement to a commission and the conditions in which it will be deemed "earned." I read this paragraph to mean that: If there's bad faith that prevents the deal from closing the commission will be considered earned.
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Q: Can you have a business in your residence in bellmore ny

3 Answers | Asked in Business Law for New York on
Answered on May 3, 2017

Depends on the type of business and your local zoning laws / town ordinances. Contact the Town Clerk.
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Q: I started an LLC 4 years ago and never did anything with it. How do I change the name of that LLC

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on May 3, 2017

There is a name change form you can file with the secretary state. There is a small fee.
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Q: I have a clothing company named Design Hacks Group. If I use the abbreviation will it conflict with Dutch Harbor Gear ?

3 Answers | Asked in Business Law and Trademark for New York on
Answered on May 2, 2017

There are a number of issues here, happy to discuss them on the phone.
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Q: Is the business format of companies like MaryKay, Jamberry, or Luluroe protected by copyright laws?

2 Answers | Asked in Copyright and Business Law for New York on
Answered on Apr 27, 2017

Business processes can be patented if they meet certain tests, they can also be "trade secret" if they are protected from becoming publicly available and are not commonplace / public knowledge in any case. Copyrights protect original works that are published that are unique and orginal. The question of copyright infringement comes down to whether the items are substantially similar, whether the infringer had access to the work, and whether the matter being copied is in itself capable of the...
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Q: I am interested in operating a group family daycare. I need help getting started.

3 Answers | Asked in Business Formation and Business Law for New York on
Answered on Apr 20, 2017

You need a license from the NYS dept. Of education. Call them for the forms.
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Q: I purchased a used car form a used dealership how do I go about getting my money back?

1 Answer | Asked in Products Liability, Business Law and Lemon Law for New York on
Answered on Apr 18, 2017

You're not covered by the lemon law because over 125K miles and if the warranty was for only 1K in miles then you may have lost your rights there as well.

It will come down to what the contract / purchase documents say. Most likely this is a shady dealership that got you to sign some things that weren't in your best interest.

I would chalk this up as a bad bargain / life lesson to be more careful.

How much will it cost to get a new transmission?
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Q: Is my work covered by the upcoming Freelance Workers law taking effect 5/15/17?

2 Answers | Asked in Business Law, Contracts and Employment Law for New York on
Answered on Apr 17, 2017

It depends on the nature of the non-sales work and its relation to the sales work. Have a lawyer look closely at your issue. See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice...
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Q: If I want to start a side job of cutting dogs nails do I need a permit? I am a NYS resident.

2 Answers | Asked in Animal / Dog Law and Business Law for New York on
Answered on Apr 17, 2017

Typically dog groomers need permits. Contact the NYS licensing dept. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Am I required by law to have disability insurance if I am the only employee and owner of my company? (an LLC)

1 Answer | Asked in Insurance Defense and Business Law for New York on
Answered on Apr 14, 2017

Not typically, but in some rarefied event it might depend on what kind of industry you're in and what specific licensure rules apply to you in your profession. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: I am suing a business in small claims form, who to serve ?

1 Answer | Asked in Contracts, Business Law and Small Claims for New York on
Answered on Apr 12, 2017

No. Serve the business where they really operate.
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Q: Best way to start a company in US and relocate using a L1 visa?

1 Answer | Asked in Business Law and Immigration Law for New York on
Answered on Apr 11, 2017

Probably an E1 is better. Reach out to me via email and I can discuss further.
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