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New York Business Law Questions & Answers
2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Q: Can my contacted company release me from my contract?

I live in Buffalo, NY. I work for a staffing agency(based out of Ohio) and have to miss some days due to meeting with my portion officer. Can they legally terminate the contract with my staffing agency due to me missing those days I had to meet with my P.O. and some other late days?

T. Augustus Claus
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answered on Jan 3, 2024

It depends on the terms and conditions outlined in your employment contract and relevant employment laws. Generally, employers have the right to terminate employment contracts for reasons such as excessive absenteeism, but it's essential to review the specific terms of your contract and any... View More

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3 Answers | Asked in Business Law, Tax Law and Business Formation for New York on
Q: I have formed an LLC and now I need to open a PLLC. Can I use the same EIN to form the PLLC.
James L. Arrasmith
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answered on Dec 31, 2023

When you transition from an LLC to a PLLC (Professional Limited Liability Company), it's important to understand the specifics of business entity formation and tax identification. Typically, an LLC and a PLLC are considered separate legal entities, each with its own set of legal and tax... View More

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Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?

I will not handle anyone else's money for them.

I will provide only the stock tips, and advisement on how best to limit risk, and set goals.

Anyone taking my advice makes their own decisions.

Do I need a license to do this?

James L. Arrasmith
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answered on Dec 15, 2023

Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment... View More

1 Answer | Asked in Business Law for New York on
Q: Hey, If we don't have a board of directors, and my 50/50 partner stopped answering the phone can i call special meeting?

What if we buy 50% of the company, but the other owner won't answer the phone. They do not have bylaws. Would we call a special meeting, and be able to call it sooner than the standard period than the state standard of 60days, and as if there are any special cases for an emergency? We need to... View More

James L. Arrasmith
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answered on Nov 29, 2023

In a situation where you have a 50/50 partnership and your partner is unresponsive, it's crucial to understand your legal rights and options under New York business law. If your company doesn't have a board of directors or bylaws, the default rules under state law and any existing... View More

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Filing a DBD in NYC for clothing brand vs legal business name

I have a clothing brand that uses a different name than the business legal name which is an inc / s-corp. If selling goods online( own website with brand name) and "maybe" to retailers (brick & mortar) in the future, will I need to file a DBA for the brandname that appears on the... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

Generally, you would not need a d/b/a (an assumed name for a company) for...
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1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: I am considering legal action against my property management company. T

I am considering legal action against my property management company. Their negligence in managing my property, particularly in their interactions with the city, has resulted in a financial loss of over $7,000. Given their failure to respond to my communications and their apparent breach of our... View More

Jack Mevorach
Jack Mevorach
answered on Oct 21, 2024

Perhaps. Or, at least, termination of the contract.

Jack

1 Answer | Asked in Consumer Law and Business Law for New York on
Q: Does a homeowner have to pay a mowing service again if they have to return and re-mow after claiming a bad job was done?

A overbooked mowing service mowed a lawn after dark. The homeowner claims they missed a lot of grass and also cut down an apple seedling on the front lawn of which they were made aware and even had landscaping bricks around it. The homeowner notified the service of the subpar job. They returned to... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A consumer rights attorney could advise best, but your question remains open for three weeks. It could depend on the communications between the parties. It would be best to clear up any misunderstandings with a phone call or email - if the matter somehow finds its way to small claims or similar... View More

1 Answer | Asked in Banking and Business Law for New York on
Q: How can I assume signing authority on my nonprofit's bank accouunt?

I am the newly elected Secretary-Treasurer of a nonprofit organization. Our board passed a resolution authorizing me to have signing authority on our account with Bank of America. When I went into BoA with a copy of the resolution, the banker informed me I needed to be added as an authorized user... View More

James L. Arrasmith
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answered on Oct 2, 2024

It sounds like the bank is providing accurate information. Many banks require an existing authorized user to make changes to account signers, even if you have a board resolution.

To move forward, gather all relevant documents, including the board resolution, bylaws, and meeting minutes that...
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2 Answers | Asked in Banking, Business Law and Business Formation for New York on
Q: If I want to start a company that invests peoples money for them is there any qualifictions? Can I avoid legal liabilty.
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2024

This is not my area of practice, but you await a response for a month. I recommend that you speak with professionals who work in the financial planning/advising/investment field. I believe there are licenses associated with securities, and there are various certifications out there held by... View More

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1 Answer | Asked in Business Law, Health Care Law, Medical Malpractice and Small Claims for New York on
Q: Hello, I received a request for documents about a machine I sold to a spa owner?

Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2024

It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.

1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: NYC Co-op Tax Abatement - can a property manager be sued separately from the cooperative and board for their negligence?

Our property manager never submitted a shareholder's cooperative to the co-op tax abatement program after the purchase. The shareholder did not know about the tax abatement until 10 years later. The co-op has been their primary residence since purchase. The property manager never submitted the... View More

Jack Mevorach
Jack Mevorach
answered on Sep 18, 2024

Yes.

Jack

1 Answer | Asked in Copyright, Business Law, Civil Rights and Entertainment / Sports for New York on
Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?

We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public... View More

James L. Arrasmith
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answered on Sep 17, 2024

When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not... View More

1 Answer | Asked in Tax Law and Business Law for New York on
Q: If your NYS tobacco license is suspended, will the state issue a new license if a new LLC is opened?

I am trying to figure out if the tobacco license is only linked to the business name, or the owners name as well. If we open up a new LLC with a new tax ID under the same owner in which a previous license was suspended, will they issue a new license?

James L. Arrasmith
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answered on Sep 9, 2024

If your New York State tobacco license is suspended, getting a new license by simply forming a new LLC with the same owner may not be straightforward. The state typically considers both the business entity and the owner’s history when issuing new licenses. If the original license was suspended... View More

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?

Everything is hand drawn by me, and each custom order is an original design.

The design:

I've used one of the characters as a reference, and the movie poster image.

My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More

James L. Arrasmith
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answered on Sep 7, 2024

When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

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1 Answer | Asked in Business Law, Gov & Administrative Law, Intellectual Property and Trademark for New York on
Q: Legality of Naming a Fragrance After a Biological Compound

Hello,

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More

James L. Arrasmith
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answered on Aug 21, 2024

Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More

1 Answer | Asked in Banking, Business Law and Real Estate Law for New York on
Q: NYS Section 590. What are the rules for a person who provides commercial loans ($3M+)? Do you need a license?

All I can find is a proposed bill that will require individuals to be licensed but that has not passed.

Jack Mevorach
Jack Mevorach
answered on Aug 8, 2024

I've never heard of a license required for this. If attempted, it might be held to be unconstitutional.

Jack

4 Answers | Asked in Contracts, Business Formation, Business Law and Entertainment / Sports for New York on
Q: If a dissolution agreement (New York State) has been sent, is there a time limit for the agreement to be signed?

I am attempting to dissolve a partnership for a company created to produce a musical I created. The agreement entitles me to all the rights back to my work. They have had the dissolution agreement since December and haven't responded.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

I would think not, unless the agreement has a stated expiration date within it. Watch for Statute of Limitations.

Jack

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2 Answers | Asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York on
Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More

Jack Mevorach
Jack Mevorach
answered on Jul 7, 2024

You may need a court order to resolve the situation.

Jack

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1 Answer | Asked in Immigration Law, Business Formation and Business Law for New York on
Q: California professional corporation (immigration law firm) can qualify in NY as foreign corporation?

I wanted to start a small immigration firm. I registered a professional corporation in CA which is the state where i am licensed as an attorney. I wanted to open a physical office in NY after obtaining clearance from NY and CA bar as I will be opening an office to practice only immigration which i... View More

James L. Arrasmith
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answered on May 14, 2024

Regarding your questions about qualifying your California professional corporation in New York and the tax implications, here are a few key points:

1. Foreign qualification: Generally, to qualify a foreign professional corporation in New York, you would need to have a New York-licensed...
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