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New York Securities Law Questions & Answers

1 Answer | Asked in Securities Law for New York on

Q: Does a brokerage firm have a right to deny my application to open a cash brokerage account? (please provide references)

I'm a non-resident alien.

Ali Shahrestani, Esq. answered on Jul 14, 2017

For what reason? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Real Estate Law, Business Law and Securities Law for New York on

Q: Does a broker have to - by law - submit a commission statement or similar invoice in order to receive their commission?

Or is sending a confirmation that the wire / check came through after the closing is enough?

This is pertaining to selling a note (debt) and mortgage upon a commercial property in NYC

Barry Eran Janay answered on Jun 12, 2017

I am not aware of any law requiring a commission statement, however just about every closing I have handled, literally hundreds, the broker has almost always created a memorandum of sale at the outset which delineates the parties, price, and terms of the deal and then prior to closing the broker or... Read more »

1 Answer | Asked in Landlord - Tenant and Securities Law for New York on

Q: How long of a period before landlord are legal suppose to refund tenant security plus interest It has been 6 months.

Moving letter along with keys was sent to landlord lawyers office.

During the course of the move property was moved out of apt. door lock was change before deadline?

Mitchell A. Nathanson answered on Jun 5, 2017

You should have received the refund by now if there were no damages or arrears. I would suggest you send a demand notice to the Landlord and follow up with a small claims action, if necessary, assuming the deposit was $5,000 or less.


2 Answers | Asked in Criminal Law and Securities Law for New York on

Q: Why would a mall cop come to your car after you've been sitting parked in a lot for twenty minutes?

I had pulled into a mall during operating hours to make a phone call since I was on a road trip and wanted to do so safely. So I park at a mall. In an empty lot, away from all the other cars. So I'm on the phone maybe fifteen minutes when a mall security officer starts walking across the lot... Read more »

Aubrey Claudius Galloway answered on Apr 23, 2017

The only thing I can see from the above fact pattern is that, perhaps, you were trespassing… Although after just 15 minutes I would think of you as "an invitee" as opposed to a "trespasser."

Regardless, if either of the store or, in the unlikely event the town police brought a legal...
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1 Answer | Asked in Criminal Law and Securities Law for New York on

Q: if you are unaware if your passenger has Marijuana on them? could law enforcement investigate you're innocent?

If your passenger has marijuana on them and you get pulled over by law enforcement and they discover it on them does everyone in that car get jail time even if they're innocent or law enforcement can investigate that you're innocent?

Robert Jason De Groot answered on Nov 8, 2015

They do not investigate the innocence of certain defendants as much as we want. It depends upon the facts, and there are not enough here for us to comment much. The concept is called constructive possession, and everyone in the car can be charged, depending upon the facts.

1 Answer | Asked in Securities Law for New York on

Q: Is there any court case that a broker is sentenced for leaking client trading secret?

The broker tells the other trader about the trading orders and positions one trader makes. If the answer is yes, please provide the cout case number and where to find the judgement

Adam Studnicki answered on Aug 11, 2015

Not all cases result in published decisions.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is...
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