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New York Business Law Questions & Answers
1 Answer | Asked in Business Law and Securities Law for New York on
Q: How do I proceed in removing a name fraudulently added to a stock certificate by a corrupt coop board member
Jack Mevorach
Jack Mevorach
answered on Aug 23, 2023

Either by voluntary agreement or by litigation.

Jack

1 Answer | Asked in Business Law, Gov & Administrative Law and Government Contracts for New York on
Q: does queens county new york have an assignment of judgement praecipe ?

this question would be for a mortgage lawyer

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Forms aside, what are you trying to do?

Jack

1 Answer | Asked in Government Contracts, Foreclosure and Business Law for New York on
Q: does new york state or local counties have an assignment of rights form ? by and between clients and agencies

by and between client and agency it could be a partial assignment of rights, or it could be a full assignment of rights, by and between a client and agencies

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Not that I have ever heard of. What are you trying to do?

Jack

Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

3 Answers | Asked in Business Formation and Business Law for New York on
Q: Do I need to form a PLLC vs an LLC if I am Physical Therapist looking to start my own practice in NY?

I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2023

In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with... View More

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2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for New York on
Q: what is the safest way to legally get rid of old business contracts with client information on the contracts ?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

One option is to use a reputable shredding company. They can provide a receipt for completion of the work, which you could retain for your records. Good luck

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2 Answers | Asked in Business Law and Landlord - Tenant for New York on
Q: If I rent apartment and I rent it for another people Is this legal or am I legally held accountable for this
T. Augustus Claus
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answered on Aug 9, 2023

Renting an apartment on your own and then subletting or renting it to someone else is generally known as subleasing. The legality of subleasing depends on several factors, including your lease agreement, local laws, and the landlord's policies.

In many cases, subleasing requires the...
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1 Answer | Asked in Consumer Law, Business Law and Collections for New York on
Q: A company issues a credit not a charge to a credit card how long do they have to correct their mistake and bill me

I purchased a new kitchen install and the company charged me twice. I disputed one of the charges and they credited me for both charges. Example//I owed $10,000. They billed my credit card $20,000. I called and disputed $10,000 and they credited my account $20,000 leaving me a balance due of $-0-... View More

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2023

They have six years, as the payment is the subject of a contract between you and the installer. The credit card has a shorter statute but the claim lies with the installer, not the bank.

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More

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1 Answer | Asked in Employment Law, Business Law and Civil Litigation for New York on
Q: Are bars in Manhattan required to preserve surveillance video a minimum number of days before destroying or overwriting?
Jack Mevorach
Jack Mevorach
answered on Jul 21, 2023

Not sure. Check with the NYS Liquor Authority.

Jack

1 Answer | Asked in Consumer Law, Business Law and Internet Law for New York on
Q: The web host I've been with for more than 20 years just disabled my account because of a dispute with Discover Card.

I put in a dispute about a $100 unexplained fee with Discover, so they deactivated my account without notice. I now have no email on those accounts. Is it legal to do this without notice? I sent in many trouble tickets asking them what the fee was for but never got a solid answer. This is affecting... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

There are attorneys who specialize in IT matters, but your question remains open for a week. Until you're able to consult with one, from the standpoint of contract law, it could depend on your hosting agreement. It's possible the payment dispute was treated as a breach of the agreement,... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Law for New York on
Q: I am hiring a non-resident who is moving out of USA back to her country. Should I be paying NY worker comp, FICA, etc?

New hire does not have US citizenship but has had SS number since graduate school and has paid taxes while working in NY but will now be working outside of NY, USA; that is Jamaica.

James L. Arrasmith
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answered on Jul 6, 2023

When hiring a non-resident who is moving back to their home country (in this case, Jamaica) and will be working outside the USA, it is important to consult with an employment attorney or tax advisor to understand the specific legal and tax requirements. Worker's compensation, FICA, and other... View More

1 Answer | Asked in Business Law for New York on
Q: Can members make motions at an annual meeting of a nonprofit corporation? Our board says no.
Matthew Morris
Matthew Morris
answered on Jul 2, 2023

You will want to look at the certificate of incorporation and the organization's by-laws.

Under New York law, the by-laws "may contain any provision relating to ... the rights or powers of its members." In general, New York law recognizes that the members may vote for the...
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2 Answers | Asked in Business Law and Business Formation for New York on
Q: Hello,Volunteers are painting a mural- raising money, and need liability insurance. What type of entity should we be?

A small group of community volunteers have been given permission to paint a mural in the community. The building belongs to a local business and they need us to have some type of liability insurance. To get the insurance (and to smooth out the non profit fundraising), we think we need to be some... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

It could be difficult for anyone here to know what kind of insurance coverage is best, based on the type of business entity you contemplate going with. That's something an insurance agent may be better equipped to advise on. One option might be to reach out to insurance agents to explore... View More

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2 Answers | Asked in Business Law and Employment Law for New York on
Q: Does my daughter, age 16, need working papers to work in our family business part time? She has graduated high school
Alex B. Pia
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answered on Jun 25, 2023

In New York State (there may be additional requirements for NYC), if you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State.

This rule covers:

High school graduates

Minors who work for their parents...
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1 Answer | Asked in Copyright, Business Formation and Business Law for New York on
Q: What process would I have to go through to get permission to use Miller logo on some of my clothing brand designs?
Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.

1 Answer | Asked in Civil Litigation and Business Law for New York on
Q: We have been approved by the United Methodist Church of New York to disaffiliate. Our certificate to amend our

corporation petition was acted upon locally, Montgomery County NY. We received a letter from the law clerk that a corporation cannot appear pro se before the court. In speaking with other congregations, this is unheard of. Any advice?

Michael David Siegel
Michael David Siegel
answered on Jun 10, 2023

Anytime a corporation appears in court, it must have a lawyer. It is a statute. There is an exception for small claims. Thus, it is not "unheard" of. I am not sure why you are in court. Membership in the Methodist governing body is a private matter, so there must be other issues here.

1 Answer | Asked in Business Law for New York on
Q: If a shareholder chooses not to vote can those “non votes” later be used toward a candidate without a proxy?
Alex B. Pia
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answered on Jun 8, 2023

The operating agreement would govern, but generally when a shareholder grants its vote to another shareholder it must be done through proxy. Feel free to reach out to my office with more detail for more specific advice.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Me and 4 other friends staring a company so while filling the form (newyork taxation and finance) - one of our friends

Live in India.. do we need to add his info as well or not required (part 5 of the form) because they are requesting SsN n address etc! But he doesn’t have any n is it mandatory to even add his info

The form is LLC/LLP request for information

We just established a company and we... View More

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jun 1, 2023

Greetings. It appears you would like to know whether you need to include certain information on a document involved in a corporate formation. Whether you do or do not depends on the form and what the form is for. Your inquiry does not sufficiently specify the form and the purpose of the form... View More

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