New York Business Law Questions & Answers

Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

1 Answer | Asked in Business Law for New York on
Answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.
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Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

1 Answer | Asked in Business Law, Education Law and Tax Law for New York on
Answered on Oct 19, 2017

It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit,...
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Q: Dealer hired contractor collides with new vehicle while in for issue caused by contractor hired by dealer.

1 Answer | Asked in Business Law, Car Accidents and Civil Litigation for New York on
Answered on Oct 15, 2017

Vicariously both are responsible and responsibility has to be fixed by a competent body in order to make compensation for damages to the owner of vehicle. For specific advice give details.
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Q: Is it illegal to call companies and ask for compensation and then do it again after recieving compensation

1 Answer | Asked in Business Law for New York on
Answered on Oct 15, 2017

It's a vague question and do not elaborate what you actually want to know. Please elaborate for specific advice. However, getting repeated compensation for a cause on one reason or the other is an extortion which is an offence.
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Q: Can a business retain any portion of stolen money, innocently received?

2 Answers | Asked in Banking, Business Law, Federal Crimes and Identity Theft for New York on
Answered on Sep 27, 2017

No. You owe the money back. There are criminal issues here too. Make a payment plan.
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Q: I currently have an active LLC, but use many names under neath. The dba certificate is asking for my name, do I put LLC?

2 Answers | Asked in Business Formation and Business Law for New York on
Answered on Sep 25, 2017

Use the LLC's name if it allows you to since the LLC is (I presume) the entity that is "doing business as" whatever...
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Q: Can an auto franchisor conduct random audits of there franchisee dealers?

1 Answer | Asked in Business Law for New York on
Answered on Sep 18, 2017

To properly answer this question a detailed review of the franchise agreement as well as this particular subdivision of law would be necessary. This would likely take 1 to 2 hours of time and if you are not comfortable doing this on your own you should pay an attorney, such as myself to do a professional and thorough review. The question you posted lacks specificity and really isn't properly the subject of an online forum post which is publicly available.
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Q: I am a real estate investor who has had investors approach me for business. What forms do I need to have them complete?

2 Answers | Asked in Business Formation, Business Law, Contracts and Real Estate Law for New York on
Answered on Sep 18, 2017

There is quite a bit that you need to know, your question is also very general and therefore difficult to address meaningfully. I would be happy to consult with you if you want to reach out to me via private email and schedule a time.
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Q: I'm getting destroyed by negative Yelp reviews submitted by my competition. What can I do?

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

If you feel it is fake, you can report it to yelp. There are companies that "clean" google searches as well. There is no legal action you can realistically take.
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Q: Can I use the business name e.g. ABC Appliance Repair store, if there is a store called "ABC Store". Same industry, geo.

2 Answers | Asked in Business Formation, Business Law and Copyright for New York on
Answered on Sep 13, 2017

The answer turns on confusion in the marketplace. If the Secretary of State lets you do business under that name, it is probably fine as a matter of trademark.
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Q: Can I own and work for two competing business at the same time?

3 Answers | Asked in Business Law and Employment Law for New York on
Answered on Sep 12, 2017

Unless there is an agreement requiring particular work time you can do what you want.
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Q: Hi I have my LLC who sign contract with american company and artists overseas What is the best contractual solution?

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Sep 5, 2017

You need a lawyer on an ongoing basis. One who is knowledgeable about tax, immigration, and employment law. I can assist, my fees are pretty reasonable. Please email me directly if you wish to discuss further.
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Q: Forming education technology company, seeking guidance on COPPA compliance

1 Answer | Asked in Business Law and Education Law for New York on
Answered on Sep 1, 2017

I've assisted with dozens of COPPA advising matters. Happy to discuss the particulars with you please email me or call me anytime to discuss further.
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Q: CAN OWNER#1 TAKE OWNER#2 OFF CORPORATION BANK ACCOUNT WITHOUT THEIR KNOWLEDGE OR CONSENT?

2 Answers | Asked in Business Law for New York on
Answered on Aug 28, 2017

Recourse against the bank is unlikely. You can sue him, as it was not proper unless the divorce decree said something about this. If this happened in 2015, you may have waited too long for some causes of action.
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Q: I want to know whether it is poonzi or mlm

1 Answer | Asked in Business Law for New York on
Answered on Aug 25, 2017

This isn't really a legal question, however, a Ponzi scheme's defining feature is using incoming money from one member or account to pay money to an unrelated member or account. New money must always be coming in to sustain a Ponzi scheme, because the "business" isn't generating profit, it's just falsely presenting incoming investment as profits: borrowing from Peter to pay Paul.

The defining feature of a multi-level-marketing scheme are sales uplines and downlines: where one member...
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Q: Where can I search if my bottle design already has a patent or not?

2 Answers | Asked in Contracts, Copyright, Business Law and Patents for New York on
Answered on Aug 18, 2017

The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"

Please feel free to contact my office if you would like a free consultation.

Aubrey C. Galloway III Esq

Law Office of Aubrey C. Galloway III, Esq PC

2 Overhill Rd. Suite 400

Scarsdale NY, 10583

914-912-1555

AG3LAW.COM
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Q: I'm an accountant. A client submitted 3 back taxes. I completed 1 and started work on another. The client wants to

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

You should have an engagement letter with your clients that indicates that the work product is yours until payment is made and that you can cease working of bills are past due. That will reduce your malpractice liability and potential liability for breach of contract for services. I'd need more information to better advise you, feel free to email me directly.
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Q: i have an academic question about intl law and treaties which might not have a certain answer:

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Answered on Aug 9, 2017

This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.
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Q: Hello, do I need to file for a Foreign qualification in NYS for my business?

2 Answers | Asked in Business Law for New York on
Answered on Aug 9, 2017

Yes, because you are rendering services in NY. You should be filing a NY corporate return.
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Q: is public access tv considered public domain?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.
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