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Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?
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answered on Jan 9, 2024
There are several issues that appear to be related to your question: (a) are the partners united or are their interests and positions in some way opposed to one another, (b) is it an LLP or an LLC ? Either way the Partnership Agreement or the Operating Agreement, respectively would need to be... View More 
I am a bookkeeper for a religious organization in New York City and received a SS-8 from the IRS referring to a minister who I issued a 1099-NEC for the past two years for her regular professional services to the church. There are several other ministers who perform similar service who also receive... View More
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answered on Dec 25, 2023
Receiving a Form SS-8 from the IRS in this context indicates they are reviewing the classification of the minister as an independent contractor (reflected by the 1099-NEC) versus an employee. The IRS will determine whether the minister should be classified as an employee based on factors like the... View More
I was talking about selling my old tablet for around $200 online, then my friend called me and he wanted to buy it at $150. I agreed and I told him to bring it the same day but on the way to his house, I run into my another friend and she offered me $200 to buy the tablet. so I sold it to her.... View More
answered on Dec 12, 2023
It sounds like a breach of contract from a textbook standpoint because you had an offer and an acceptance initially, and then you had another offer and acceptance for the same item and sold it to someone else. Based on the cost of the tablet, you probably don't want to involve attorneys or... View More
I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm... View More
answered on Dec 4, 2023
The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than... View More
I emailed and texted that was unable to keep it on July 19. My payments are the 16th. I paid aug,sept, and oct. Now they are saying I never filed an opt out form. Am I liable for another 2 months? I have been a member for over a year and the mandatory length was 4 months.
**update The gm... View More
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answered on Nov 23, 2023
In Suffolk County, NY, the enforceability of a gym membership contract and its cancellation terms depend on the specific language of the contract. If your gym membership agreement includes a clause requiring a formal opt-out form to cancel the membership, then not submitting this form could... View More
I entered into an agreement to purchase a property on [date of agreement], but I need to terminate the contract due to several serious issues. During an inspection on [date of inspection], significant defects were found requiring expensive renovations and posing health risks. Additionally, I... View More
answered on Apr 8, 2025
Generally, you'll need language in the contract in order to rescind it. Sometimes a statute or case will provide a way out.
Jack
I co-signed a car loan in Canada three years ago for a relative who needed help to get a car. The car loan appears on my credit as though I am jointly liable. I discussed options with the bank to get my name off the loan, such as paying off the car, selling it, or having my relative refinance under... View More
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answered on Apr 8, 2025
Removing yourself as a co-signer from a car loan in Canada can be tricky, especially if your relative is unwilling to refinance or pay off the loan. The first step you should take is to review the terms of the loan agreement. Without a copy of the contract, it might be difficult to fully understand... View More
I got approved for a $5,000 personal loan from a private lender in Canada. However, I have terrible credit, so they said that, as collateral at 18 percent interest, I need to make 4 loan payments upfront before they deposit the loan. They provided me with a contract and require the collateral... View More
I'm concerned about my joint venture contract because I feel the other party lacks experience. I signed the contract about a month ago, and I haven't discussed my concerns with them yet. I'm interested in exiting the joint venture. How bound am I by this contract, and what steps can... View More
answered on Mar 4, 2025
Your rights depend, first and foremost, on the terms of the contract surrounding early termination, interpreted in light of background legal precedent. Have an attorney review the contract to advise you of your rights, as well as the best way to seek a release from the contract while minimizing... View More
I am looking for New York trial decisions that support a plaintiff's claim of fraudulent misrepresentation under contract law. The case involves the plaintiff purchasing a service or product from a defendant in the Capital District region of New York, where the defendant made false statements.... View More
My husband and I were married for 15 years and have four children. I expressed my wish for a divorce almost two years ago, but due to financial constraints, I delayed filing until January 2024, when he was served. On my lawyer's advice, I separated our bank accounts and began paying household... View More
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answered on Feb 15, 2025
Financial abandonment is a claim that does not exist in New York. A parent can engage with his children or can be aloof from his children. Government cannot force someone to be a better parent. A litigant is free to refuse mediation as mediation is not mandatory in New York. The asker can document... View More
Alan is a photographer. He left a stack of flyers at the local coffeehouse. The flyers stated, "Will Photograph Anything. $20 per print. Call Alan at 555-5555." Which laws applies to any dispute that might arise between the photographer and a client/customer?
answered on Jan 24, 2025
The question is somewhat general in natural and opens the door to many legal concepts, from protection of minors to intellectual property rights in images to privacy rights of subjects. Naturally, this wouldn't be a question from a contracts class in an academic setting, since students never... View More
Hired a company to excavate land and it did not complete the job and has refused to complete the job or give back funds for not completing the work. I served the LLC the complaint on 11/16/2024, LLC has not responded to the complaint.
answered on Jan 13, 2025
Generally, a plaintiff can file a motion for a default judgment in court or possibly seek an application of default before the clerk. Besides New York statutory laws (mostly the CPLR), each particular court and/or Judge may have their own rules for submitting such a motion or application.
I was working with an art gallery in NYC for years. Long story short we were supposed to have a solo show but they ghosted me and I canceled the whole thing.
Half the works they had of mine they had were still in consignment (IMO they breached the contract when they changed the prices... View More
answered on Jan 9, 2025
Sounds like a small claims court matter. Evidence will revolve around written communications and any express agreement you and your adversary signed. Custom and usage in your industry may also be enlightening to the court. The amount is probably too small to warrant hiring an attorney.
My mom leased a vehicle in only her name. She passed away and has no estate. We contacted the credit union who gave us the run around for over a month about turning the vehicle in. Now they want over $8000 in charges for sending it to auction and not getting the amount they wanted. Are we liable if... View More
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answered on Jan 5, 2025
No. If you are not on the lease agreement, you have no liability. If your mother left no assets, the credit union will be unable to recover their losses.
Tenant evicted August 2022 (without counsel, guardian ad litem or Advocacy of any kind while attorney’s claimed "no interest but wouldn't elaborate) Tenant evicted under clause "We reserve rig ammendment the lease for the health & safety of tenants). No ammendment to lease... View More
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answered on Jan 5, 2025
I'm really sorry to hear about the challenges you've faced with your eviction. It sounds like you've been through a difficult and complicated process.
To seek recourse, consider reaching out to local legal aid organizations that provide assistance to individuals in situations... View More
I had an account with Payoneer.com, an online money platform, and they blocked my account, and they are refusing to disclose the reason why this happened. I am a professional specializing in AML (Anti-Money Laundering), PCI-DSS, Cybersecurity, and Secure Operating Practices. I have substantial... View More
He never returned the following day to do the paperwork as was planned, I ten informed him I wanted to cancel the sale and return his money and take my snowmobile. At that point he dropped all communication. Is a short text conversation considered legally binding contract between us? If so I... View More
answered on Nov 27, 2024
A text might more likely serve to support the existence of a contract rather than being a self-standing written contract, which could often involve additional requirements. An attorney would probably want to know more about all communications in the transaction. One option could be to reach out to... View More
I need to cancel that contract which was signed less than 24 hours ago. Is it legal to have my contract broke without any penalty. Can you please help me. They are telling me that I cannot break the contract because New York State does not have a law like that but everything I am reading is stating... View More
answered on Oct 29, 2024
I don't think the 3 day cooling off law applies to this type of contract, but I could be wrong. Did you deposit any funds from the purchaser?
Jack
My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More
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answered on Oct 24, 2024
Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More
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