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Mathew Paulose

Mathew Paulose

Highly sought after by Westchester residents
  • Business Law, Construction Law, Employment Law
  • New York
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Summary

With more than 20 years of litigation experience, we've handled more than 200 cases in the federal courts of New York and more than 100 cases in New York state courts. We've tried cases in Westchester County, New York County, Kings County, Queens County, and Nassau County. We've tried cases involving civil rights to contract rights, from personal injury to property disputes, from lien law to employment law. On the plaintiff's side we've been in the Top Verdicts in New York Verdict Search. On the defendant's side we once had a jury award only $1 against our client. We've been in the New York Times, the Wall Street Journal, the Village Voice, and Forbes. We've written articles for the New York Law Journal, the New York State Bar, and several New York Law Reviews. We've won awards for our writing skills, received written acknowledgements from a federal judge for our trial performance ("outstanding"), and a slew of compliments from the people we've helped (see our website). We have three degrees, including a Masters of Law. We're even an Administrative Law Judge for a State agency. We enjoy our jobs and we love our clients. We are one of Westchester's most sought after lawyers.

Practice Areas
  • Business Law
  • Construction Law
  • Employment Law
Additional Practice Areas
  • Property Disputes
  • Commercial Disputes
  • Contract Law
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
New York
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Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Member
Paulose & Associates PLLC
- Current
Head of Litigation
Koehler & Isaacs LLP
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Education
Fordham University School of Law
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New York University School of Law
New York University School of Law Logo
Awards
Top Verdicts
Verdict Search
Professional Associations
New York State Bar # 2989879
Member
- Current
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Publications
Articles & Publications
Effect of Guilty Pleas on Subsequent Section 1983 Claims of Excessive Force
New York State Bar Association Section Newsletter
Speaking Engagements
Avoiding litigation in employment hiring, How to Find a Job in any Economy: Resources, Strategies, and Advice
Websites & Blogs
Website
Legal Answers
11 Questions Answered

Q. Am I able to sue or do anything about this situation?
A: Greetings. We agree with Michael. But since you may have the commitments in writing, whether by email or in some other form, we want to add that you should take your potential case to an employment lawyer and have the lawyer flesh out the facts for you and see if you have a colorable claim. The lawyer may also look into an equitable claim, such as fraud. Under New York law, you would have to prove that your employer made a misrepresentation which was false and known to be false that was made for the purpose of inducing you to reasonably rely upon. The problem with fraud is that it is very difficult to prove a present intent not to perform the promised act, which is an essential element. You must find proof that your manager always had in mind the trick to make you stay. Speak with a lawyer today as there are other problems that will have to be overcome (such as employment at will and damages, etc.). Good luck.
Q. Who owns the code I wrote for an app when no contract was signed?
A: Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in determining whether a work is made by an employee for hire is whether the employer has the right to direct and supervise the actual performance of the work, and whether he or she actually exercises that right. Here are two illustrative cases: Schmid Bros. v. W. Goebel Porzellanfabrik, 589 F. Supp. 497, 503 (E.D.N.Y. 1984) (works were not for hire where artist, not employer, exercised "control"); Aldon Accessories, Ltd. v. Spiegel, Inc., 738 F.2d 548 (2d Cir.), cert. denied, 469 U.S. 982, 83 L. Ed. 2d 321, 105 S. Ct. 387 (1984) (artists were employees "for hire" where the "hiring author" stood over the artists and artisans at critical stages of the (creative) process telling them what to do). This appears important to you. It is worthwhile then to contact and pay for a lawyer to get a definitive answer. Good luck.
Q. What happens if a director is voted off a board by other directors of a voting membership. NYS
A: Greetings. We would need a lot more information to provide you with a reasonable answer. For example, what type of membership is this? An athletic association, a union, a corporation, a condo or coop, a government entity, or one of many other types of organizations that have members and a board? Also, what do the by-laws of other organizing or managing documents say about voting, rights, and obligations? We would need to see copies. Accordingly, the best suggestion unfortunately is that you collect the relevant documents and schedule a meeting with a lawyer who will sit down with you and determine what you can and cannot do. Contact one today.
Q. Hi I was starting a business with a partner a few months later he step out now my landlord told me that my STDP isdouble
A: Greetings. Relationships with landlords are primarily governed by lease agreements. If you have one, please take your agreement to a lawyer. The lawyer will review it and the facts and provide you with a solution to your problem. Even if you don't have a lease agreement, the lawyer will be able to help you understand your rights and obligations and will be able to advocate for you. Contact a lawyer today.
Q. Can I sue someone in another state?
A: Greetings. Yes, New York has a "long arm" statute that is capable of obtaining jurisdiction over defendants in other states, particularly those like your contractor who entered into a contract here in New York, did work in New York, and did work for a person who lives in New York. Contact a local attorney and discuss whether it is worth the time and money to pursue the contractor. Good luck.
Q. What is the definition of a “month” in NY contract law is., “the term of this agreement will be three months”
A: Greetings. See NY General Construction Law section 30. "A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order in days of the month as the day from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted." Example: three months from April 28, 1991 is July 28, 1991. Be mindful that you are asking about time calculations in a "contract" without telling us the type of contract. Most contracts will define their own terms, which will overrule conflicting definitions. While there is case law that suggests section 30 applies even to private contracts ("Month. -- In a statute, contract, or public or private instrument, unless otherwise provided in such contract or instrument or by law, the term month means a calendar month and not a lunar month"), you should speak with a local attorney to confirm this interpretation. Good luck.
Q. Contract violation between my employer and vendor. Not sure how much I involved in this. Any suggestion
A: Greetings. We are unclear as to the details of your fact pattern. We suggest you meet with an attorney who will be able to work through your story and properly determine your exposure. According to what you wrote, you say "me or my employer" is being sued. You must find out if "you" are indeed being sued. If so, an attorney will be able to determine, after meeting with you, whether you should retain counsel separate from your employer.
Q. My chef quit and is opening a restaurant (same food) 3 blocks away from me. Is that legal?
A: Greetings. We would need more information to give you a worthwhile answer. If the facts are simply that the sister of the previous owner started a competing business near you, then we see no unlawful behavior. If however the competing business is engaging in anti-competitive behavior, then you may have a claim for what is called unfair competition. Anti-competitive behavior includes false labeling or advertising, misappropriation, palming off, trade name infringement, etc. Moreover, all of this behavior has to be based on bad-faith, which is difficult to prove. What you could have done is have the contract (when you purchased the business from the prior owner) state that he or anyone in his circle cannot not start a food business within a certain number of miles of your business. Perhaps your contract already does. Please speak with an attorney today to see if he or she can help you, either on the business side or legal side, implement measures for your business to succeed. It's always good to have a consulting attorney help you with your business.
Q. does title renew with cash when transferred from one person to another.
A: Greetings. In New York, cash is not considered a good (unless it is a commodity, which in your given example it is not). Thus it may be transferred without civil implications in most factual situations (for example, an innocent casino receiving money that may or may not be stolen; an innocent car dealership receiving money that may or may not be stolen; an innocent building owner for the sale of an apartment receiving money that may or may not be stolen). There may however be criminal implications, which predominately depend on knowledge, which can be proven through circumstantial evidence. We suggest you ask this question on the criminal boards, rather than the civil boards, where you may get the input of a criminal lawyer. The answers provided on this website are not a replacement for speaking with an attorney directly. The answers are general in nature and are for informational purposes only. The answers should not be relied upon.
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499 New Rochelle Road
Bronxville, NY 10708
USA
Telephone: (914) 840-4176