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New York Business Law Questions & Answers
1 Answer | Asked in Business Law for New York on
Q: We are a non profit girls softball league. This year we have 4 transgendering players who identify as he/they.

We don't want to discriminate, but want it legal. Do we change wording in bylaws, change our name?

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2024

Your question remains open for a week. Although you are correct with the Business Law category, you might get better chances of a response with adding the category of Business Formation (which also covers by-laws, certificates, different types of corporations, business structures, etc.) Not all... View More

1 Answer | Asked in Products Liability and Business Law for New York on
Q: How do I take photoes as the photographer
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

This doesn't sound like a product liability law question (the category chosen, which is more about injuries from dangerous products). You are probably not asking about non-legal aspects of taking photos when you mention taking photos "as the photographer" (as in technical attributes... View More

2 Answers | Asked in Contracts, Business Formation and Business Law for New York on
Q: Can I partially own one LLC(A), as another LLC(B)? The other % of ownership of LLC (A) would be to an individual not LLC

Do i have any problems here? Or is this possible to partially own one company as another LLC ( B ) while still sharing ownership with a single individual of LLC (A)

Gary Lane
Gary Lane
answered on Apr 1, 2024

Yes. Done frequently. Should have no issues.

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1 Answer | Asked in Business Law for New York on
Q: I'm looking to create legal documents for my business connecting manufacturers and US wholesalers. I wanna know fee?
Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

It could be difficult for attorneys here to answer your question about fees - the format is limited to Q &A. Attorneys can't really offer quotes for their services here. One option is to reach out to attorneys to discuss. After speaking with several law firms, you could get an idea of... View More

1 Answer | Asked in Business Law and Contracts for New York on
Q: End user license agreement for Vipre lifetime licenses isn't specified in some parts.

At this point I've been referred to New York business law people for my inquiry. According to the Vipre company (computer security software) it was against their policy for me to buy a lifetime license from the original owners. I've looked at the EULA and it says that a license is only... View More

Jack Mevorach
Jack Mevorach
answered on Mar 5, 2024

I don't understand how a successor in interest (usually a purchaser) can go back in time and state that a lifetime license purchased from the original owner is invalid. I would start with that.

Jack

1 Answer | Asked in Business Law for New York on
Q: Commercial space

If you are in court for bak arrears with a commercial space, is the landlord entitled to keep your security deposit and still have you pay the rent after you have given the space back?

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

A landlord-tenant attorney would have better insight into this than a general business law attorney (the category chosen for the post), but your question remains open for a week. Although some questions here go unanswered, you could repost and include "Landlord-Tenant" and "Real... View More

1 Answer | Asked in Business Law for New York on
Q: How to introduce a non-solicitation clause or notice to an independent contractor if the initial agreement does not have

I have a simple agreement with my independent contractor to provide services on my behalf. However, they are extremely soliciting my client and harming my business in different way. How can a non solicitation notice legally introduced to the independent contractor given the fact that by all means... View More

Jack Mevorach
Jack Mevorach
answered on Jan 26, 2024

It sounds like you're trying to slip something past the IC, such that the IC will be bound without signing. Not recommended.

Jack

1 Answer | Asked in Business Law for New York on
Q: My mother’s business partner took over & changed the name of her company upon her death .

Do I still have rights to my mother’s company and profits?

Jack Mevorach
Jack Mevorach
answered on Jan 21, 2024

Possibly. Your mother's interest in the business may have passed to you upon her death.

Jack

1 Answer | Asked in Banking, Business Formation and Business Law for New York on
Q: I have a joint account with my son and he fraudulently took 6 thousand from my acc without me knowing.

I got a lawyer and paid off the full amount. I also took my son off the account. I still wish to do business with that bank because I have multiple building and business in that bank. How would this affect my business and my bank relationship. What are my next steps and what will happen?

Jack Mevorach
Jack Mevorach
answered on Dec 2, 2023

I'm not understanding what amount had to be paid off and why. If everything is now straightened out, what would be the issue of continuing with the bank?

Jack

1 Answer | Asked in Contracts and Business Law for New York on
Q: Hello, I have an Amazon store, I hired an automation company, they seem fraudulent and taking my cash

The automation company made high claims to return profits to me by adding products to my store. They have only surmounted losses, big losses. They've also never given me a statement of earnings losses etc. this whole year when I asked. Everything this past year has been so blurred. Now... View More

James L. Arrasmith
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answered on Nov 13, 2023

Based on your description, it seems you may have grounds to dispute the actions of the automation company. If their services have resulted in significant losses and they have failed to provide detailed statements of account, this could potentially constitute a breach of contract or... View More

1 Answer | Asked in Business Law and Employment Law for New York on
Q: Are there laws requiring companies to list terminations correctly if outsourcing positions?

recently a hospital has taken its IT staff and changed them to another organization. One team had to train staff in another country and once this was done, they were terminated once the training was completed and then on their terminations, it listed the reason as downsizing instead of outsourcing.

James L. Arrasmith
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answered on Nov 11, 2023

In New York, there are no specific laws that mandate how a company must list the reasons for termination on employment records, particularly in the context of outsourcing. However, there are laws that require employers to provide truthful information about the reasons for termination. If an... View More

1 Answer | Asked in Banking, Business Law, Securities Law and Stockbroker Fraud for New York on
Q: Brokerage Misconduct - E*TRADE

In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the... View More

1 Answer | Asked in Business Law, Civil Litigation and Internet Law for New York on
Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?

I am located on Long Island, NY.

This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the... View More

1 Answer | Asked in Banking, Business Law, Elder Law and Stockbroker Fraud for New York on
Q: My mother is being attacked, financially, by her mother's former broker. What can she do?

He has accused her of fraud, removing her from her bank accounts, attacked her mother's current broker with a false report. She can no longer pay her Bills. Also, he is working with my mother's sister, lying to her about things my mother never said, and using my grandma, who my sister has... View More

James L. Arrasmith
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answered on Nov 4, 2023

Your mother should consider retaining an attorney experienced in elder law and financial exploitation cases immediately. This situation may involve complex issues like undue influence and financial abuse. An attorney can help navigate the allegations, work to protect her interests, and potentially... View More

1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for New York on
Q: NYC a clause to be exempt from taking my Personal Bill paying money, should i add the CPRL 1012 to the OTSC in NYC?

Can you help? My account seized, no prior notice. Being a herd ship case as per the CPRL’s predicate. Seems "would apply. Exemption states money be personal & 90% of all profit there be exempt. Was my constitutional rights destroyed by seizing$? The acct. were ONLY Non-Contracting... View More

James L. Arrasmith
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answered on Oct 18, 2023

From the information provided, it seems you are referring to New York's Civil Practice Law and Rules (CPLR), particularly sections related to exemptions from money judgments and possible orders to show cause (OTSC). If you believe that CPLR 1012 applies to your situation, you could consider... View More

2 Answers | Asked in Consumer Law and Business Law for New York on
Q: A service provider won’t give me my $1500 refund what should I do?

Hi I paid a service provider $1500 to do a service for my business she has a nasty attitude and is very rude she hasn’t started any work yet it’s only been about 2 days and she won’t give me my money back and she said if I do a charge back she is going to take me to court. She had me check... View More

Samuil Buschkin
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answered on Oct 18, 2023

It is next to impossible to identify or suggest anything based on the very sparse info you shared. Generally, the contract, verbal or (even much better) written control. Where there is no contract, state rules or even federal rules govern. You should speak to a lawyer.

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: Is there a deadline or timeframe to file an Amended Certificate of Incorporation for a Non Profit in New York State
Damien Matthew Bosco
Damien Matthew Bosco
answered on Oct 12, 2023

There is no deadline to file an amendment.

A not-for-profit corporation may amend its Certificate of Incorporation from time to time by filing a Certificate of Amendment under Section 803 of the Not-for-Profit Corporation Law.

The document may contain any of the information that may...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Business Law and Municipal Law for New York on
Q: Lying about square footage of commercial real Estate. The high profile case involving fraud. everyone on loopnet do it

There's a certain ex president that is being tried on fraud about lying about the square footage of their comercial realestate. but Louis Rossman exposed this SOME time ago that you can go anywhere on loopnet and show that commercial realestate listings and they lie about it all the time.... View More

Jack Mevorach
Jack Mevorach
answered on Oct 2, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Tax Law and Business Law for New York on
Q: NY: If I do online-only web design (never selling tangibles), do I need a Certificate of Authority & to charge sales tax

I do have an office out of which I conduct business, but again: I do not ever provide anything tangible. (Not even a single piece of tangible paper goes from my hand to the client's hand.) Also, I use online software (purchased online only) to create the websites for clients. If it matters: I... View More

James L. Arrasmith
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answered on Sep 14, 2023

In New York, if you provide online-only web design services and do not sell tangible goods, you are generally not required to charge sales tax to your clients. However, it's crucial to periodically review state and local tax laws, as regulations can change, and certain exemptions or... View More

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: I entered into a contract with a company to sell my property to them but have not heard back. What are my options?

As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?

David Marc Deemer
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answered on Aug 27, 2023

Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.

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