New York Business Legal Questions

Absolutely. They have the right to retain the property, subject to timely receipt of payment. That what the finisher is holding onto is not what it started with is of no significance- you are paying for the finished product. However, if the finisher is holding onto the product for perhaps unscrupulous reasons, may lead to your having other claims, in addition to the return of property.  Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

It is possible to eliminate minority shareholders in New York through a so-called "freeze-out" merger. While you can propose a value to be paid for the minority interest, the minority stockholder has "appraisal rights," which means he can force you to pay the fair market value of his interest as determined by a court. If you have a principled reason for believing that the value of his interest is much less than $20,000, then you may wish to consider this approach. However, the transaction costs and attorneys' fees associated with a dispute with this stockholder may quickly eat up any discount from $20,000 that you achieve -- it would make much more sense if his interest were ten or a hundred times as valuable. Please contact my office at (203) 399-1320 if we can help you.... Read More

It is my understanding there are specific locations that these trucks are permitted to utilize, pursuant to a license issued by the city. My suggestion is you contact the NYC Department of Consumer Affairs, which should be able to provide you with information on the authorized places, if any, that the trucks can park.   Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com... Read More

Your question raises more questions than can be answered or addressed in this forum. It is unclear whether the matter has already gone to court, and how your marriage is involved. I strongly suggest you consult with qualified business counsel. Simple answers will not address this matter.   Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com... Read More

You could probably not register same name of company in state where bankrupt company was chartered. States do not permit same name chartering because the old corporation, in their view, still exists despite bankruptcy. My suggestion is to try a similar. but distinguishable name and see what happens. This is not intended to be legal advice, and is general in its  nature.. No attorney-client relationship exists  or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.p... Read More

There is not enough information to answer.  The account agreements will govern the account.  If the wife gave rights to husband before, they may not be able to be revoked without court order.  The wife needs to sue the husband over the LLC, which can be connected to a matrimonial.... Read More

The parent corporation has to be a sub s corporation and the subsidiary must be 100% owned by the parent and file any sub s required papers with its first single or consolidated filing with IRS or even before then. I suggest you check with your tax accountant for more specific guidance. This is not intended to be legal advice and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or or its affiliated companies.... Read More

You may be able to reclaim the space on behalf of the old partnership, but it might depend on whether or not you have a written partnership agreement that spells out the rights and responsibilities of each partner. Your claim would be against the former partner, not the landlord who was probably entitled to rely on your former partner's apparent authority. This is not intended to be legal advice. and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.r... Read More

You should have a contract of sale with him personally so that he would be personally liable if he stopped paying. You could also require him to pledge the shares as security for the payment and have terms in the agreement that would, in essence, enable you to get  the shares back if he stopped paying soon after the deal was made. This is not intended to be legal advice, and is general in  its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It sounds like your friend is planning to make sales of goods that are subject to sales tax. (In New York sales tax is applied to tangible personal property). If yes, then she must register for sales tax purposes and apply for a Certificate of Authority at least 20 days before she begins her business. Once your friend is registered for sales tax purposes, she is responsible for collecting and remitting any sales taxes to the Tax Department.  She will have to keep detailed records of every transaction and to file sales tax returns. Should your friend engage in business without obtaining a valid Certificate of Authority, she will become subject to penalty up to $10,000.   (I assume that your friend creates goods that are not specifically exempt from sales tax in New York State.  I am also assuming she is not going to sell her goods to wholesalers exclusively.) If you have more questions, please call the Law Office of Yelena Kalika at (646) 707-2226.  ... Read More

Generally, absent a contract, an employer may dismiss an employee for any reason unless doing so violates a specific legal rule. So, it is illegal to dismiss for sexual, racial or other illegal reasons. Also, certain covered employers may not dismiss certain covered employees if physical facilities are not provided in which the physically challenged employee can work. Absent a violation of one of these rules, an employer may dismiss an employee for any reason or no reason, so much more information  would be needed to make a determination in this case and a visit to the department of labor might be helpful. This is not intended to be legal advice,  and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or bit affiliated companies.... Read More

Go the NY Secretary of State website, and they give you the layout. Be prepared with the statement of goals of your organization; know who will be on board of directors, what your organization will do. After the registration is complete, you will need to apply for Tax ID number. This process is in a nutshell, best to pay couple hundred bucks to an attorney to handle it for you.... Read More

No, based on your post.  Sounds like a major screw up all around, including by your lawyer and agent.  There is a form lease for a strip mall that has a paragraph that does what the landlord is saying.  If he used some other form, he screwed up.  The problem is even if your lease allows it, the other lease might require him to sue you.  In short the guy is going to owe someone.  Get a lawyer, and you may have limited time to negotiate something.... Read More

In the absence of a written agreement, then the 'sale' will be dependent on the 'default' provisions of New York law. That being said, if the estranged partner is making waves, you will be hard pressed to go forward on a sale, claiming 'majority' rules. I strongly suggest you consult with and retain qualified business counsel.     Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com... Read More

Many, many more details would be required. First, get a CPA on your "team". Second, "never let the tax tail wag the business dog". To do things for tax reasons where there is no good business sense is almost always a mistake. Forming a business entity will allow you to deduct certain expenses and increase your retirement contributions in ways not available to an individual.... Read More