New York Business Law Questions & Answers

Q: Pay duties during the process phase of prototype development? These are not for sale as we are still in dev.

2 Answers | Asked in Business Law, International Law and Patents for New York on
Answered on Mar 19, 2018

I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.

There are lots of items that are deemed to have value before the end product. Denim has value even though it is several processing steps shy of being a finished pair of jeans. Even the cotton at the start of the process had some degree of...
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Q: What is the proper response to a Summons and Verified Complaint?

1 Answer | Asked in Contracts and Business Law for New York on
Answered on Mar 6, 2018

In New York, the response to a summons and complaint is an answer. A "Notice of Appearance and Demand" is a California term I think. You must have got it off the internet. The Court is right. You did not do the right thing, and you are jeopardizing your ability to win this case. You should get a lawyer. You obviously do not know what you are doing. A motion directed to the SOL issue can come in lieu of an answer, or after it, if the answer alleges that defense. Obviously, without...
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Q: In New York , does a partnership have to be liquidated in order to complete a buy out?

1 Answer | Asked in Business Law for New York on
Answered on Mar 3, 2018

No. It depends on the partnership agreement, if any, and what business is continuing.
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Q: Is it possible to claim legal ownership over all the dark matter in this universe?

3 Answers | Asked in Contracts, Business Law, Energy, Oil and Gas and International Law for New York on
Answered on Feb 23, 2018

There is a minute of my life I'll never get back. Seriously, all space issues are governed by UN treaty, so no.
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Q: what can i do legally against a dental office which lied to me about being in network and actually not being

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Business Law for New York on
Answered on Feb 11, 2018

Why don't you call your insurance company and ask if the dentist is in network? It really comes down to that issue.
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Q: Which state can a suit be filed if the contract was offered and composed in new york but signed last in Ohio?

1 Answer | Asked in Business Law for New York on
Answered on Feb 10, 2018

New York, but you could arguably do it in Ohio. If the amount was high enough it could be in Federal court.
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Q: Joint Ownership in two family home in NYC

1 Answer | Asked in Business Law and Real Estate Law for New York on
Answered on Feb 9, 2018

His next step will be to leave you with the expenses or to rent his home. Your only remedy without a settlement is a partition action in Supreme Court.
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Q: What is a negotiable instrument?

1 Answer | Asked in Business Law for New York on
Answered on Feb 1, 2018

Something that the holder can transfer to another person under the UCC without further approval. A check is a negotiable instrument, for example.
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Q: Is this coercion?

1 Answer | Asked in Contracts, Criminal Law and Business Law for New York on
Answered on Feb 1, 2018

Yes and no. As the threat only applies to future jobs, and no one is required to hire you, it is hard to enforce. However, if someone wants to hire you (which you would have to prove) and you were not allowed to work there, you have a tortious interference case.
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Q: I just received a letter in the mail that said I have judgement against me. Need help. what are the next steps.

1 Answer | Asked in Business Law for New York on
Answered on Jan 31, 2018

You need to make a motion to vacate it. Depending on the amount and the court, the price varies. If you have no assets, you are judgment proof. Disability payments are exempt and cannot be taken.
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Q: If I form an LLC to pool family money into an investment at a hedge fund, can we all be considered as passive members?

1 Answer | Asked in Business Law for New York on
Answered on Jan 31, 2018

Not necessarily provided you specifically indicate investor(s) and ratio of investment in an LLc.
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Q: hello please i need advice on what to do i do photography and videography and couple months ago i did a reality show

1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for New York on
Answered on Jan 29, 2018

You can sue. An oral contract is enforceable. It is just harder to prove. Here you have the commercial use.
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Q: What is NYs law on work place bullying, verbal harassment,? What is HR’s responsibility following a complaint?

2 Answers | Asked in Business Law, Employment Law and Civil Rights for New York on
Answered on Jan 20, 2018

Workplace policies and procedures or laws are "not a civility code." Google it. The U.S. Supreme Court says that.

What employment lawyers do is spend sometimes hours trying to figure out whether what was said to you was illegal.

Saying "You are an idiot" is not necessarily illegal. But if you are a minority or disabled or over 40 and that statement has never been made against non-minorities or non-older or non-disabled employees then it might be illegal.

See this stuff...
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Q: I have a question about a Business Acquisition I'm making tomorrow in regards to liens and/or debt against the business.

2 Answers | Asked in Business Law for New York on
Answered on Jan 19, 2018

You are asking this question too late if you are paying tomorrow. It depends on what you are buying. A corporation? An asset list? Protection would require hiring a lawyer before 4 p.m. on a Friday the day before you plan on doing the deal. There are searches that should be done.
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Q: I developed an APP, Website for a client with shares. Client refuses to cooperate to original contract, need legal doc.

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for New York on
Answered on Jan 18, 2018

I don’t see a question here it seems that you need to hire an attorney to represent you, am I correct?

Feel free to call


Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859
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Q: I would like to petition the court for a judicial dissolution of my s corporation. Can i do this on my own?

1 Answer | Asked in Business Law for New York on
Answered on Jan 17, 2018

You cannot likely do it yourself. If the numbers are so low that an attorney fee is a barrier, just walk away and resign your positions. There is probably not enough involved to be sued by the other guy.
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Q: Potentially moving business to a different state

2 Answers | Asked in Employment Law and Business Law for New York on
Answered on Jan 17, 2018

Ask your accountant.

Although I am an inactive member of the Massachusetts BAR I limit my practice to New York.

My pedestrian impression is that overall Massachusetts might have more protection for employees. Know nothing about taxes in either state and rely on tax professionals.
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Q: Found an old paycheck never cashed, employer refuses to check books and reissue; is there time limit?

2 Answers | Asked in Banking, Business Law and Employment Law for New York on
Answered on Jan 15, 2018

No worries. The statute of limitations for wage loss in New York is 6 years. Anyone who is not compensated for hours worked can claim unpaid wages.

You may need to contact the Department of Labor.

But before you do that you might want to give a heads up to the employer that your next step will be a formal complaint. Yes, it is your fault. But the employer does not get a windfall profit just like had you been overpaid you would have had to pay the money back to your employer. Let...
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Q: How do I file a petition for a judicial dissolution of a corporation? Do I need an attorney? Can i do this by myself?

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Jan 8, 2018

You can do a dissolution on your own, but only a court case can require sale of assets to pay debts, etc. Thus, a dissolution is not your issue.
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Q: Management is preventing a tenant from accessing his vault because he left in the middle of his office lease.

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Answered on Dec 27, 2017

It depends upon what the agreements say, but it would be very unusual to be independent agreements.
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