New York Business Legal Questions

Repossessing a vending machine in New York that was financed to a customer and placed on someone else's private property involves several legal and practical considerations. Here's a general guideline on how to proceed after you hire an attorney to help you: Review the Contract: Begin by reviewing the financing contract with the customer. It should include terms regarding default and repossession. This contract will dictate your legal rights in this situation. Notice of Default: If the customer has defaulted according to the terms of the contract (such as failing to make payments), you should provide them with a formal notice of default, as required by the contract and applicable laws. Communicate with the Property Owner: Since the vending machine is on someone else's property, you must communicate with the property owner. Explain the situation and seek their permission to enter the property to repossess the machine. It's important to gain their cooperation to avoid allegations of trespassing. Hire a Repossession Service: Consider hiring a professional repossession service to handle the physical removal of the vending machine. They are experienced in dealing with such situations and can help minimize legal risks. Comply with Legal Requirements: Ensure that all actions taken comply with New York state laws regarding repossession. This may include providing certain notices or following specific procedures to avoid legal issues such as claims of wrongful repossession or trespass. Avoid Breach of Peace: During the repossession process, it is crucial to avoid any actions that could be construed as a breach of peace, which can lead to legal liabilities. Seek Legal Advice: Given the complexities and potential legal issues involved in such a situation, it's advisable to consult with a lawyer who specializes in commercial law or creditor rights. They can provide guidance tailored to your specific situation and help ensure that you are acting within the bounds of the law. Document Everything: Keep a detailed record of all communications, notices, and actions taken during the repossession process. This documentation can be crucial if there are any disputes or legal proceedings in the future. Remember, each situation can be unique, and the steps above should be adapted based on the specifics of your case and in accordance with legal advice. Nick Spradlin, Esq. Attorney & Counselor at Law. 23 Years of Business Law Experience. Offices: FL TX NY Washington DC (DC = Federal work only)   The information provided is not intended as legal advice. Legal advice is case specific and is not provided by this post. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. No one should act upon any information in this post without careful consideration for your specific fact situation, without careful analysis, and without seeking professional advice where appropriate. The information contained in this post is provided only as general information, which may or may not reflect the most current legal developments.    ... Read More

You can probably use the DBA to create a new LLC of the same name.  You can open an LLC in any state in the country, no residency required. Mostly, you need to speak with a business attoney to get the facts straight and set things up correctly, Sincerely, Andrew M. JaffeAttorney at law 330-983-4842Afternoons Eastern Time... Read More

If you do not have employment during the last five years then you would write None. If you do not have sufficient income to sponsor mom, then you will have to engage the support of a joint financial sponsor. This could be anybody that is a US citizen or green card holder that lives in the United States and meets the minimum income threshold.         ... Read More

If you are starting your own private practice in law you have different options, from a business law perspective, you may elect a sole proprietorship without any further filing. However, for purposes of limited liability, you may elect to organize your practice as an LLC, a PC, or an LLP. You have different options. For more information you can look here: https://gamlawoffice.com/business-formation-service/... Read More

I'm really not sure what you're asking.  The fact that you are operating your business through an llc changes nothing about how employees are hired, contracts are executed, etc. except that the llc is the employer or contracting party, not you individually.  For example, instead of isgning a contract "Sha Barrow", you would sign the contract "XYZ, LLC by Sha Barrow, member"... Read More

Good question.  You and your partner together own 50% and the third partner has 50% ownership.  The third partner does not have 51% of the ownership and you and your partner together do not own 49% ownership.  It is tie vote! Therefore, he does not have the ability to do whatever he wants to do, especially if he is breaching his fiduciary duty to the company.     You need to review your By-laws or Operating Agreement, to determine how to break a tie vote.  It is always a good idea not to set-up an orgainization that can result in a tie vote. That's why you would want an unever number of Board members.    I once had clients who insisted they they wanted their structure to have a tie vote, against my advise.  In order to have a method to break any tie, we put together an Operating Agreement that stated any tie votes would be decided by a flip of a coin.  This is probably not your case.  ... Read More

Here the issue is whether the agreement is enforceable of the agreement is signed by you as an individual, and then you change your name. Here it is important to understand that address this matter there two options, to include that agreement is entered between "manufacturer" and “You" your successors in interest, affiliates, agents and designees. Another options is to include that allows to freely transfer your interest in the contract. The problem is, that being such an important agreement, the manufacturer, if well advised, could reject these clauses because they make his position riskier. Additionally, there are more issues to consider when it comes to NDAs, and proper designation of the parties is only one them. You may want consult an attorney. ... Read More

It is a little confusing, and not well- drafted, but I think it means that the tenant is agreeing to pay 20% of any increase in property tax above the amount charged in the 2021/2022 tax year.  In other words, if property tax in 2021-2022 is $10,000 and increases to $15,000 in 2022-2023, the tenant will pay 20% of the $5,000 increase, i.e. $1,000.... Read More

You'd need to look at your contract with the vendor to see if they've agreed to indmenify you for any of your stated losses.  In any event, you shoudl at minimu havea  breach of contract cliam.  Whether you want to pursue that depends upon what you concrete damages presently are and whether there are any limitaitons in the contract about how much the vendor can be liable for.  In any event, a strongly worded demand letter may get them to straighten up their act or would bea precursor for the lawsuit you'd need to file against the vendor (assuming the contract doenst require arbitration.     I'd be appy to take a look at the contract.  Feel free to contact me with any questions. Lou Russo www.russolaw-llc.com 929-262-1101  ... Read More