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New York Business Law Questions & Answers
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 ?
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 kids..kids 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 ex..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.

2 Answers | Asked in Business Law and Consumer Law for New York on
Q: Am i obligated to pay for my daughters dance classes through covid? They were closed. Offering online class.

They offered online classes but my daughter decided she no longer wanted to go. So we didn't attend the classes.

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

It depends on your contract. If you did not pay, I cannot see them suing you.

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1 Answer | Asked in Business Law, Contracts and Employment Law for New York on
Q: My company paid me advances using PPP money and now are clawing it back. is this legal?

I work in solar sales, paid commission. Normally I get 25% when job is started and 75% of my pay when it is installed (typically 2-3 months later but covid made that 4-6 months). My company took the PPP money and paid all the salespeople on all their jobs the full amount with those funds. However,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 25, 2020

Not only is it "right" and "legal" it is required by the CARES Act that your employer used to get the PPP money in the first place.

Without spending forever educating you on the CARES Act and explaining how the Payroll Protection Program works all I will tell you is...
Read more »

1 Answer | Asked in Business Law for New York on
Q: How can I prevent harrassment in office ladies room for not wearing a mask.

Another employee on the office floor keeps harrassing me when she sees me in the ladies room on our floor w/out a mask. She asked what company I work for? What can I do about this?

Mitchell A. Nathanson
Mitchell A. Nathanson answered on Aug 18, 2020

Wear a mask.

1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: I want to start promoting my business but I dont want anyone in the nation to take my business name. How would I protect
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck

Tim Akpinar

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Is the operation agreement of an LLC binding if no one has signed it? And can you then vote a member out if it isn't?

There are three members in the LLC, of which no one ever signed the operating agreement. It was formed to handle business for a podcast. One member left the podcast has left, and he wants to keep the LLC since he paid for the legal fees associated with the formation of the business. The two other... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Aug 3, 2020

Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be... Read more »

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1 Answer | Asked in Business Law for New York on
Q: My single member llc has membership (partner) in other multi member llc . Which Owns real estate (hotel ) . Can I

Transfer my single member llc to my son ?

Michael David Siegel
Michael David Siegel answered on Jul 19, 2020

The issue depends on your operating agreement.

1 Answer | Asked in Business Law, Communications Law and Internet Law for New York on
Q: Can I post a video from a national morning show on my company social media channels?
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

You're asking about media in which the owner can assert certain intellectual property rights. This does involve all the categories you correctly listed, but if you reposted in the Copyright Law category, the attorneys there could probably offer the most meaningful insight. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Constitutional Law for New York on
Q: Is the right to free speech is an absolute right? Do businesses and individuals share the same right to free speech?
Tim Akpinar
Tim Akpinar answered on Jul 2, 2020

It's an important right provided by the First Amendment and corporations can also enjoy those rights. It is not an absolute right. There are limitations, such as fighting words, defamation, obscenity, false advertising, and others. Good luck

Tim Akpinar

1 Answer | Asked in Business Law for New York on
Q: Contract violation by a company in NY.

Contract terms state that the the violating party will handle lawyers expenses. Invoices have been sent regularly but the violatiing company does not respond. My company is register in MN but prefer the case to be handled in NY because the company is present in NY with multiple engagements/... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 1, 2020

Not really that novel a case. You can sue. Stated account claims are simple. Not sure if there are defenses. It is an hourly fee. Collection is always an issue, but if you do nothing, you get nothing, and that is the worst case scenario.

1 Answer | Asked in Contracts and Business Law for New York on
Q: In a limited partnership, can the only GP file a Cert. of Cancellation, without the signatures of the 2 remaining LP's.

This a family LP between a Parent as the GP and 2 siblings as LP's. Can the parent and 1 of siblings file a Cert. of Cancellation without telling the the remaining LP sibling.

Michael David Siegel
Michael David Siegel answered on Jun 25, 2020

It is governed by the partnership agreement. It depends also on the percentage of ownership of each.

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