Claimed Lawyer ProfileQ&A
- Construction Law
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- Paulose & Associates PLLC
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- Koehler & Isaacs LLP
- Fordham University School of Law
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- Effect of Guilty Pleas on Subsequent Section 1983 Claims of Excessive Force
- New York State Bar Association Section Newsletter
- Avoiding litigation in employment hiring , How to Find a Job in any Economy: Resources, Strategies, and Advice
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22 Questions Answered
- Q. Is the operation agreement of an LLC binding if no one has signed it? And can you then vote a member out if it isn't?
- A: Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be the only answer. If your LLC is a NY LLC, dissolution is not an easy matter to obtain judicially. You must show that the business is truly incapable of operating to obtain a dissolution through a judge. If the business is capable of operating, then a judicial dissolution will not be possible. One may want to instead explore obtaining consent or a buy out, among other options. One should also look at the operating agreement itself, which may have provisions both to resolve disputes and concerning dissolution. Please speak with a good New York attorney for more information. Good luck.
- Q. I am canceling my Oct. wedding due to COVID-19. The venue is trying to make me pay the master bill. Is this acceptable?
- A: Greetings. It appears you would like to either cancel your wedding hall contract or would like to reschedule your wedding to a new date without having to pay any additional expense. Whether one is able to cancel a contract because of an arguably unforeseen event like a pandemic depends on the language of the contract, first, and second, common law equitable arguments such as impossibility and frustration of purpose. A lawyer would have to review the contract to see if any provision in it would allow cancellation. If not, then the lawyer would research and determine whether you could assert any equitable arguments if eventually sued (if that happens at all). Regarding the additional deposit, the new date is the new consideration and a wedding hall can charge such additional deposit. As an aside, it appears that the management of the hall (or their lawyers) have reviewed their situation and have strategically concluded that more people will pay the $1500 then pay lawyers ten times that amount to litigate this matter out. The leverage is on their side in other words. If you are a couple that gambles (is comfortable with risk), then of course you can take your chances and simply cancel, losing the $1500, and then see if they ultimately sue for the $13000. This is purely a personal decision; not one any attorney recommends. Please contact a good New York lawyer for a more precise answer to your particular predicament. Good luck.
- Q. I’m a seller, we’re in contract (contingent on finding new home) however, due to the corona we can’t . Can we cancel?
- A: Greetings. It appears you would like to get out of a home sale contract. You likely have an attorney and your question therefore should be directed to that attorney. They will know the details of the contract best. If you do not have an attorney, you must get one. The attorney will review the contract and see if any of its provisions allow you to cancel the contract, such as provisions that talk about force majeure. Even if the contract is silent as to the matter, you may nevertheless be able to cancel based on common law principles of contract. Please note however the best way may be to just have a conversation with the buyers. Please speak with a good New York attorney for further guidance. Good luck.
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