New York Business Law Questions & Answers

Q: can i be sued personally by an attorney that was used for our business?

2 Answers | Asked in Business Law for New York on
Answered on Jun 23, 2017

Probably not, but then again I have on many occasions asked for personal guarantees of payment from my client in my engagement letter, so check your engagement letter for what it says and how it was signed by you.
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Q: How does my family dissolve a family LLC in New York?

2 Answers | Asked in Estate Planning and Business Law for New York on
Answered on Jun 22, 2017

File final tax returns and don't pay the annual fee.
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Q: Can I start an online buisness and sell fidgets(which are toys) before registering to anything just to test the market

3 Answers | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Jun 21, 2017

Yes, just check with the dept. of taxation regarding whether you have to charge sales tax or not if you are just selling online.
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Q: Does owning and renting out a home in New York State constitute doing business in New York State?

3 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Small Claims for New York on
Answered on Jun 20, 2017

I would check with the Town Justice Court, but my guess is that if you list the address of the house (owner) and the address in NJ, you will get the case started, and the Landlord will appear
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Q: Wife's ex-husbands house being foreclosed on, can they come after our business assets and personal assets?

2 Answers | Asked in Divorce and Business Law for New York on
Answered on Jun 13, 2017

Once the foreclosure is done, the bank would need to seek a deficiency judgment. You need to fight that motion.
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Q: Does a broker have to - by law - submit a commission statement or similar invoice in order to receive their commission?

1 Answer | Asked in Real Estate Law, Business Law and Securities Law for New York on
Answered on Jun 12, 2017

I am not aware of any law requiring a commission statement, however just about every closing I have handled, literally hundreds, the broker has almost always created a memorandum of sale at the outset which delineates the parties, price, and terms of the deal and then prior to closing the broker or broker's send an invoice to notify the buyer / seller's attorney how much is owed and how to make the check out. Considering the small amount of time and effort it takes to put together an invoice /...
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Q: A former client sued my business. If they win a settlement, but my business has no assets, can they come after me for

4 Answers | Asked in Business Law for New York on
Answered on Jun 6, 2017

Yes and no. If you are not personally a defendant they can only get to you by "piercing the corporate veil" and proving commingling of funds. This requires a subsequent motion by them.
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Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?

1 Answer | Asked in Banking, Broker Fraud and Business Law for New York on
Answered on May 31, 2017

Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.
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Q: Conflict of laws

4 Answers | Asked in Business Law and Contracts for New York on
Answered on May 26, 2017

You are free to choose, but NY is most likely preferable.
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Q: Business contracts from one state to another.

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

It depends if the contract chooses a law, then that governs. If no law is chosen, it depends on the issue. There is a whole academic topic called "Conflict of Laws" on this issue.
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Q: Can a PLLC own a subsidiary that offers a related but non-professional service?

2 Answers | Asked in Business Law for New York on
Answered on May 25, 2017

No. The owner would have to be the individual who also owns the PLLC. This should not change tax analysis.
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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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