From the category archives:

Business Law

Attachment of Property in New York — Provisional Remedies

The attach­ment of prop­erty is a strong weapon when used prop­erly in New York. A busi­ness­man who is hav­ing finan­cial prob­lems decides not to pay for goods that he pur­chased.  If your com­pany is the cred­i­tor, it could take years before he will have to pay. At that time, the funds could be depleted.  One […]

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What To Do If An Owner of A Business wants to Transfer its Interests

New Yorker’s are a mobile bunch. Espe­cially New York busi­ness own­ers. Busi­ness open and close every day.  It is risky to believe that your co-owners will still be with you five years down the line. It is likely that there will come a time when of your co-owners will want to sell his shares or […]

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Checklist for sale of a business

If you are plan­ning to sell or buy the assets of a cor­po­ra­tion, before you go to your lawyers office you should pro­vide the answers to the  fol­low­ing ques­tions: Names and addresses of every­one involved in the sale All assets and prop­erty that will be in part of the sale What monies are being paid? What are the […]

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What happens if there is an ambiguous term in a contract?

Q:   What hap­pens if you enter into an Agree­ment and there is ambigu­ous lan­guage? A:   If the per­son mak­ing the offer means one thing and the per­son accept­ing the offer rea­son­ably means another, then there is no con­tract.  Be aware that just because you failed to put some­thing into a con­tract or there was a […]

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What is a void or voidable contract?

In New York, a void con­tract is sim­ply no con­tract at all. It binds nei­ther party.  If you enter into a void con­tract, noth­ing more has to be accom­plished on your part.  It is bind­ing by nei­ther party and can­not be rat­i­fied. Con­tracts that are usu­ally con­sid­ered void­able when one of the par­ties has the […]

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How long do I have to sue? The New York Statue of Limitations

Cen­turies ago, there was no fixed time start a law­suit.  The Statute of Lim­i­ta­tions was enacted to pro­tect defen­dants against defend­ing old law­suits after a rea­son­able time has passed.  The law has spe­cific pro­vi­sions that pre­scribe how long a plain­tiff has before start­ing a law­suit. If you fail to com­mence your law­suit within the statute […]

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Your small business is a party to a New York Civil Litigation lawsuit. How can you protect yourself?

You are sit­ting in your office on the busiest day of the year, and just when you think noth­ing else could go wrong, a per­son walks in and utters the fate­ful words “You’ve been served”, while hand­ing you a stack of papers.   Your busi­ness is a party to a New York civil lit­i­ga­tion lawsuit. […]

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Why Officers Should Sign Contracts In Their Corporate Capacity

With­out regard with their title, offi­cers of the cor­po­ra­tion should trans­act all busi­ness and exe­cute all con­tracts in the name of the com­pany.  The offi­cer should have his or her title next to or under their sig­na­ture. Why is this impor­tant? Because if the com­pany defaults on the under­ly­ing trans­ac­tion, the offi­cer may be held […]

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Trademarks

If you own a busi­ness, you spend a sig­nif­i­cant amount of time and effort build­ing it up to be suc­cess­ful.  You need to pro­tect it the same way that you pro­tect any­thing else that is valu­able to you.  What is the best way to do that? With Trade­marks. 1) What Is A Trade­mark? A trademark […]

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Do you have a Default Judgment against you in NY? It may be void.

The New York Attor­ney Gen­eral announced today that they are suing 35 law firms for improper ser­vice of default judg­ments. A party obtains a default judg­ment when the defen­dant does not appear in a law­suit. Amer­i­can Legal Ser­vice, a process server located in Long Island has been named by the Attor­ney Gen­eral as pro­vid­ing improper […]

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