New York Business Legal Questions

It is generally accepted that fashion products are "useful articles" that are not covered by the law of copyright. Such knockoffs appear in the market all the time. As a general matter, unless the knockoffs are palmed off as originating with, or being sponsored by, the original designer, the sale of such goods has proven to be non-actionable. You should consult with your own attorney about this.... Read Answer

The answer is "it depends." Assuming that the transmission to you of a pro forma invoice was an offer to sell goods on the terms contained in the invoice, you accepted the invoice by, among other things, making the payment called for. Unless the terms of the invoice itself or the customs of the industry or some other implied term of the deal permits the seller to avoid the transaction, there is a binding contract. As a general matter, a unilateral mistake by one party is not an excuse. You will require the services of an attorney to sue in a U.S. court. You should not expect to obtain relief quickly or cheaply. Perhaps you will consider simply canceling the sale, getting your money back, and taking your business to another -- more honorable -- seller. If we can help you with this matter, please contact our office in response to this posting.... Read Answer

It depends on what kind of business you are in and the customs of your business. In the absence of an express agreement, those customs would generally apply. In some fields -- such as advertising, accounting and law -- the invariable rule is that the files are property of the client. Your mileage may vary.... Read Answer

Generally speaking, when you hire someone as an independent contractor, the contract comes with certain implied terms. In this case, you will have an argument that an implied term of your past hirings of these contractors was that they would do their work in accordance with customary professional standards and not perform services that were medically unnecessary. A better plan would be to reduce these expectations to writing and to impose on the contractor an express duty of reimbursement, including all of your costs and expenses of collecting from the contractor. An attorney can assist you in preparing such an agreement. Please call or email our office if we can help you. The statute of limitations on contract claims in New York is six years.... Read Answer

Generally speaking, an employer is not required to offer health benefits and, having once offered them, is free to discontinue them. You have no recourse against the employer because the employer had no duty to provide the benefits. COBRA does not apply because the termination of the plan is not a triggering event for COBRA, and the plan needs to remain in existence in order for COBRA benefits to be provided. Your medical bills should be covered through the termination date of the plan, but not thereafter. If you want medical benefits going forward, you will need to obtain an individual policy at your own expense.... Read Answer

As a general matter, you have the absolute right to have the work done by a contractor of your choice. However, the amount of the damages you have suffered -- essentially, the reasonable value of the repairs -- appears to be in dispute. Perhaps you can persuade the flooring vendor to pay you in cash something a bit more than the cost to them of using their own contractor, and you can then choose yours to do the work.... Read Answer

As a general matter, an LLC is not the preferred vehicle for a non-profit entity, because an LLC, by definition, has "members" who are effectively partners; a non-profit may not have any profit-participating owners. In New York, the vehicle of choice is a corporation organized under the New York Not For Profit Corporation Law. Your attorney can assist you in drafting the necessary documents and applying for an IRS determination letter. If you need assistance in doing so, please contact our office.... Read Answer

Your facts do not set forth a legally cognizable cause of action. It is perfectly acceptable for an employer to refuse to hire a job candidate because the candidate is overeducated. In any event, even if they had hired you, they would have been privileged to fire you the next day, because employment in New York is on an at-will basis.... Read Answer

It sounds as if the facts keep changing. You need to consult with your own attorney regarding this matter. No one on this forum is "your" attorney, and the information you receive here does not constitute legal advice. The "intake coordinator" is not an attorney and cannot render legal advice to you. Check with your own attorney where the property is located regarding a lawsuit against your lender.... Read Answer

You probably should consult with a California attorney regarding that state's rules regarding the regulation of medical practices. This need to consult an attorney also extends to ensuring you comply with New York's regulations regarding same. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com    ... Read Answer

A member of the plaintiff class in civil litigation never, ever has to pay anything up front. If there is a legitimate class action suit and you fit the definition of the injured plaintiff class, you will automatically be included. It is very unlikely that a class action suit against a bank will result in a modification of your personal mortgage. Proceed extremely carefully.... Read Answer

You may possibly have rights. Generally speaking, the employer is under no duty to provide or offer any kind of health insurance at all. Therefore, if the employer determines to downgrade your health insurance, that may be a decision in which you have no choice and no rights. These are matters that should be discussed with an attorney who practices plaintiff's side employment law.... Read Answer