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New York Business Law Questions & Answers
1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Have a question about cryptocurrency.

I just started working on a disruptive token to introduce in the crytpo space platforms in relation to the social & retail service settings. I'm in the U.S. and I am aware of the stringent regulations surrounding the issue of whether or not a token is considered a security. My token involves a... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 25, 2020

Refer to the Howey Test, which is the most prominently used characteristics applied to analyze whether a debt or equity security exists. If you are still unsure, I would recommend obtaining counsel who is familiar with securities law. Remember, securities law is a federal issue for the most part,... Read more »

1 Answer | Asked in Business Law for New York on
Q: I’m managing a choice hotel but my company is forcing me to cover shifts at an ihg property across the street. Is this

Considered a conflict of interest? If so is there any legal action I can take?

Tim Akpinar
Tim Akpinar answered on Feb 18, 2020

It sounds like your company could be in the staffing business, from what you describe as being placed in the service of different entities. It's possible it could be a conflict if they are competitors, but an attorney would probably need to know more about your role, work times, work duties,... Read more »

1 Answer | Asked in Business Law for New York on
Q: I would like to know Legal Technicalities of Starting a Dinner Club
Tim Akpinar
Tim Akpinar answered on Feb 18, 2020

It would be difficult for a response provided in the short format of this question & answer board to address all the things to consider. Will you operate as any particular business organization? Will your staff be made up of employees or independent contractors? Will you protect the intellectual... Read more »

2 Answers | Asked in Business Law and Tax Law for New York on
Q: New York notice for additional sales tax owed plus interest and penalties going back to tax year 1999.

Operated a auto repair shop in NY in 1999. Had CPA do my taxes and paid what he said that I owed for sales tax tax for year 1999 which was around $500. Later got notice that I owed more than I had paid so I contacted CPA and he said he would take care of the issue. Had unfortunate events occur in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

You are going to need a New York attorney. The fact that you may now be in Florida is immaterial. So ask in Justia > Ask a Lawyer > New York > Tax Law.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: How to sue casting website in theatre for damages of restraint of trade by stopping ad, relying on false information.

Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the... Read more »

1 Answer | Asked in Employment Law and Business Law for New York on
Q: Can my boss demote me with no reason ?

My boss hired a new manager to take over my spot without telling me without having any write ups and demoted me and dropped my pay from 20$ to 18$ to $16 and cut my hours. What can I do ?

Kyle Anderson
Kyle Anderson answered on Dec 31, 2019

Yes, an employer can demote you as long as it wasn't based on your membership in a protected class (race, religion, etc.) or based on you engaging in a protected activity. Because you provided very little fact about the circumstance, you may want to reach out to an employment law attorney in your... Read more »

1 Answer | Asked in Business Law and Employment Law for New York on
Q: If somone quits the company and currently doesnt work for it can the manager have them come in to cover a shift?

The company didnt approve her being their the manager just let her do it and she does not work there she quit

V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

All employees, managers or non-managers, exempt or non-exempt, must be paid for all services performed. Some severance agreements have provisions that a former employee will assist or perform nominal services after their severance date. Most employers do not want the liability of injuries or wage... Read more »

2 Answers | Asked in Business Law for New York on
Q: Am I able to sue or do anything about this situation?

I was offered a promotion by my CEO in order to keep me from leaving the company to go to school.(I am the top salesman at our dealership) I accept the promotions due to the promises told to me and what I was able to do for the company would help me start my business. Two months later there CEO... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Dec 4, 2019

Greetings. We agree with Michael. But since you may have the commitments in writing, whether by email or in some other form, we want to add that you should take your potential case to an employment lawyer and have the lawyer flesh out the facts for you and see if you have a colorable claim. The... Read more »

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1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Who owns the code I wrote for an app when no contract was signed?

Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Nov 24, 2019

Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in determining whether... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: Dissolving church that owes mortgage. Are we still liable if holder calls mortgage and sells for more than is owed?

Church is incorporated and registered as religious corporation.yes, we are looking to dissolve and realize this requires court proceedings. The membership is next to nothing. Pastors health is seriously diminishing. The mortgage is paid monthly and is being held by the original owner of the... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 20, 2019

This is actually a little more complex than you make it. Is church a registered religious corporation? Are you looking to dissolve the corporation? It may require a court proceeding.

1 Answer | Asked in Business Law for New York on
Q: What happens if a director is voted off a board by other directors of a voting membership. NYS

Directors are voted in by voting members.

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Nov 18, 2019

Greetings. We would need a lot more information to provide you with a reasonable answer. For example, what type of membership is this? An athletic association, a union, a corporation, a condo or coop, a government entity, or one of many other types of organizations that have members and a board?... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Q: Can my landlord tell me that I’m not allow to sell my business ?

Even if the buyer qualifies with the landlord requirements

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Depends on the terms of your lease, which govern.

2 Answers | Asked in Business Law for New York on
Q: What is the definition of a “month” in NY contract law is., “the term of this agreement will be three months”
Mathew Paulose Jr.
Mathew Paulose Jr. answered on Nov 7, 2019

Greetings. See NY General Construction Law section 30. "A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last... Read more »

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1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
Read more »

2 Answers | Asked in Business Law for New York on
Q: My chef quit and is opening a restaurant (same food) 3 blocks away from me. Is that legal?

The chef is the sister of the previous owner of my establishment

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Oct 1, 2019

Greetings. We would need more information to give you a worthwhile answer. If the facts are simply that the sister of the previous owner started a competing business near you, then we see no unlawful behavior. If however the competing business is engaging in anti-competitive behavior, then you may... Read more »

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1 Answer | Asked in Banking and Business Law for New York on
Q: is it right for me to be charged as the vendor for something that the customer inputted online incorrectly?

https://support.buildium.com/hc/en-us/articles/200689678-Return-Code-R03-Unable-to-locate-account-or-name-does-not-match

we are not a retail establishment

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Sep 11, 2019

Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If it's a... Read more »

1 Answer | Asked in Contracts and Business Law for New York on
Q: We require to write on an envelope tender:“tender no... st’” and we wrote street instead

Can our proposal disqualified because of it?

It should have written:st’

And we wrote street.

I’m scared I will be fired because of it

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Sep 9, 2019

Greetings. We do not have sufficient information to provide you with a reliable answer. From what we can tell, you made a typo on an important document and want to know if you can be fired for it. The simple answer is yes. In NY, you may be fired at will unless you have a contract that says you... Read more »

1 Answer | Asked in Business Law for New York on
Q: I signed a consignment agreement on July 11, 2019. Can I change my mind about selling and ask for my property back?

Shop owner never signed agreement, also did not provide sale prices until after I signed. Prices never discussed with me. I don't trust him at this point and the pictures have sentimental value, I made a mistake and I want my pictures back. Owner feels he should be allowed 90 days to try and sell.... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 28, 2019

It depends on what the agreement said. How do you know owner did not sign?

1 Answer | Asked in Banking and Business Law for New York on
Q: Do I have to file a restated certificate if I already filed an amended certificate of incorporation?

I’m a single owner of my corporation trying to get an SBA Loan through a bank.

Michael David Siegel
Michael David Siegel answered on Aug 20, 2019

I do not know what a "restated" certificate is. What are you trying to do?

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