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Found 162 results

  1. BryanWNY

    Withdrawal from LLC

    Hello, I formed an LLC with my father ~15 years ago to start a construction/remodeling business. The original "Units of Membership Interest" certificates show him as owning nine units, and I own one. In 2011, apparently his wife decided that they would be better off for tax purposes to shift it to 60/40 (with him still having the majority), but nothing was ever written down/filed/etc; except the K-1's have shown 60/40 since then. The 90/10 vs 60/40 may be a moot point, but from reading other posts on here, I figured more info was better than not enough :) I'm looking to withdraw from the LLC, and I'm not sure where exactly to start. I'm hoping for an uncontested withdrawal (he is unaware of my desire to leave yet), especially considering I don't want anything, other than to separate from the company. Is some type of a "Separation Agreement" what I need? What is typically included in one? I noticed in the "Dissolution" section of our Operating Agreement that the company shall be dissolved and wound up if there is but one Member remaining. Is it possible for him to transfer 1 unit to someone else (ie: his wife) without my approval? I don't necessarily want to force him to wind up the LLC, but is it in my best interests as far as removing my personal guarantees/liabilities to vendors/bank/etc? Is there a way to be removed from those guarantees/liabilities while leaving the LLC intact? As far as debts, it would just be monthly statements from a few vendors, ~$1200 on a van loan, and the line of credit (current at $0). Any help would be greatly appreciated! I'm sure I'll hire a lawyer to help with this and make sure to cover my butt; I just wanted to get some input from people with more knowledge on the subject than myself before proceeding. Thank you! Bryan
  2. I'm trying to decide if I should file a small claims suit against my former university and/or a professor. A year ago, this professor told me and his graduate student that we would get paid a certain amount to work on a technology demonstrator for a venture capitalist who would pay us by a grant to the university. He told us well before we finished that the university had already received the grant money and we were going to be paid. Then at the end of the semester, he told us the university didn't have any record of the check or grant, even though they previously told him before they did. I graduated and moved out of state shortly after this, but I recently talked to the professor's graduate student, who told me the grant eventually came in and he had been paid, and that my money "was waiting for me". When I talked to the professor about this, he told me that there was no way I could get paid as I needed to be hired by the university first, and he denied that I was ever supposed to be paid for my previous work. The only evidence I have is some email exchanges I had with this professor after I moved. Where after I tell him I moved permanently (which shows I can't work for him anymore), he says he will try hard to see that I'm paid, blames the university's dysfunction, and suggests the venture capitalist could pay me directly. I'm considering filing a small clams suit against the university, since supposedly it received the grant money, and flying in for the court date. Is this a waste of time? Maybe I should file it against both the university and professor, in case the court sees him as responsible.
  3. My name is Chris, from Beijing China. In September 2017, After I Refusing to sign the demolition agreement, the leaderships of the Village Committee destroyed my house without letting me know, they did it under the name of villagers' self-government policy as they know clearly it is against the will of me and my family, Property in my house were seriously damaged or lost due to their malicious destruction to my house, I sued them but lost the lawsuit.. Like a Bloomberg reporter told me that "he doesn't think he can write about this, as unfortunately there are so many similar cases in China -- the government can do whatever it wants, in demolishing homes and in many things. Also, he doesn't think media attention cant stop it." And I’ve seen a video on YouTube of the current Chinese Vice President, WanQishan’s talk about encouraging forced demolitions which was shocked. Unlike many tragic events on the Internet, no one bleeds in my story, but if I have the chance to tell you the whole story, you may find a same terrible facts as bloodshed which is a disaster for the each of the Chinese people and house owners. I hope that I can get answers to two things:Can I apply for political asylum? Can I sue the Chinese government and Wang Qishan for human rights issues outside of China? Thank you very much for your attention.
  4. Hi everyone, I want to apologize in advance for the lengthy post, but this situation is rather complicated. Bottom line question at the end would be what my rights are as a tenant either against the landlord or against another tenant given the landlord is fulfilling their legal obligation to evict but the time frame for the other tenant to vacate is 30 days (which you will see is too long to endure) Let's start from the beginning. I live in a very nice, relatively affluent village neighborhood in Western NY. You could quite literally leave your car keys in your ignition and doors unlocked with cash on your front seat and never be bothered. I am not naive to think that there are not outliers to this standard, and unfortunately one of them has had the dumb luck to land in an apartment below mine. They moved in October of 2017 and honestly for the first few months I saw zero activity in the apartment other than the initial move-in activities. I think now, that the tenant's parents had rented an apartment for her and prepared it prior to her moving in. After those first few months, I saw some but minimal activity in the apartment, pretty much problem free until about late September or early October 2018. It started with seeing a number of strange vehicles in and out of the parking lot at various hours. Sometimes the tenant would leave with them, sometimes they would be in and out of the apartment... I don't generally subscribe to being nosy, but quite frankly no one has that many friends. It gave me a pretty good inkling that illegal activities were happening on the property. I didn't know much of what to do, so I just made sure my apartment and belongings were secure and kept to myself. In November, I started hearing loud banging and screaming coming from the apartment at very late hours of the evening, often waking me up at unreasonable times. I left a very polite letter for the landlord to kindly remind ALL tenants that excessive noise after 11:00 PM was unacceptable, to which they obliged. Unfortunately, this was not a deterrent for the noise and it continued. I contacted the landlord again this time giving a specific apartment from which I knew the noise was originating. The next day while walking down the stairs, the tenant in question was coming up and yelled "F&^%ing slut" at me. Rather incredulous, I stopped and said "Excuse me?" As she hurried into her apartment. I immediately notified the landlord outlining ALL of my concerns with her and made a simple record with the police in the case that further instances transpired. I stressed the real concern for safety and security at that point, given the trends noticed on the premises and the unreasonable and unprovoked behavior on the part of the tenant, leading one to conclude that rational behavior was not to be expected. The landlord must have contacted her father (who I believe is either the primary or cosigning leaseholder) and let him know of the troubles. When I arrived home the next afternoon, he was in the parking lot waiting for a locksmith to get into the apartment, as the tenant had unlawfully changed the locks (The landlord was inside the building at the time aware of the issue in a dental office he runs downstairs). He exited his truck and introduced himself politely and apologized emphatically for whatever troubles his daughter may have caused. He went on to say that she has some "issues" and he was there to try to get her into treatment. The next morning I walked down my stairs at 5AM for work to find a man sleeping in the hallway! I immediately retreated to my apartment and called the police. He had told the police that he had established residence there and that his key no longer worked (I never saw him before but who am I). They asked him about a phone or wallet and he had nothing claiming it was all in the apartment. The man was unclean laying on a pile of what looked like refuse and likely a displaced addict with some connection to the tenant below. For whatever reason, the police did not remove the man but escorted me out to my car and I left a message for the landlord. I was contacted back within a few hours and was told that the man was told in front of the police that he was not to be seen on the property again, and following that, for about 72 hours the building was finally quiet. Fast forward to the night before Thanksgiving at about 8:00PM and my illustrious tenant friend returns with a literal BANG. I hear slamming and her in the hallway screaming "F%^&king prostitute upstairs" and a multitude of expletives with the word "dude" used like a comma. I sit in my apartment nearly silently hearing her bang on walls and ceilings on an hourly basis until about 1:00 AM and began again around 8:00AM. I left for Thanksgiving and stayed out for most of the evening. I returned home close to 11:00 PM and moved up the stairs silently. I quickly and quietly prepared for bed and no sooner do I pull up my comforter, than I hear BANG BANG BANG. So the trend continues. At 1:00AM I finally lost my temper pounding back on the floor with my foot and called the police to report the ongoing disturbance. The police informed me that they have had several issues with her, but she refuses to answer the door. Again.... the landlord was contacted. The Landlord did say they were in communication with the father and were moving ahead with eviction proceedings but timing with the holiday and weekend was going to be a challenge. I remained out of the house for most of the day Friday shopping with family to avoid the house. I returned home late that evening surprised to hear nothing. Unfortunately my peace was short lived as when I went to pick up my packages from the lower landing Saturday morning, and found the stairs in front of my apartment littered with her welcome mat, random trash and coins. I placed the welcome mat back in front of her door and discarded the trash and coins. One of my packages had included a security camera I purchased because of the aforementioned issues. I immediately installed it on the landing to capture further activity and could hear her in her apartment screaming repeatedly "Don't ever F%^&ing turn off my TV while I'm sleeping dude... I'll F$%^ing kill you dude. I'll get them suicide boys dude." I am getting pretty nervous at this point with no one in the offices downstairs and tension mounting. About 10 minutes after the camera was mounted she opened her door picked up her welcome mat and threw it back on the stairs. I opened my door retrieved the mat and put it back in front of her door. She opened the door while I was almost up the stairs screaming "F%^&ing heroin addict prostitute.... do you remember Jack Carson? He eats babies! You'll never see your kids again," referring to my significant other who has had their kids over to my apartment a few times. She continues rambling about suicide boys and not opening her door, and knowing that I slept in her bed... someone stole her remote and is "F$%^ing with the water." Literally nonsensical garbage screaming up the stairs at me. I called the police again. I showed them the video... they said they could do nothing until it get physical. She even opened the door and started screaming again not knowing the officer was in my hallway... and still they could do nothing. They even mentioned they have had crisis services here and they could not remove her. I asked what my recourse was... and it of course is... the landlord. I asked what the time frame was.... 30 Days. While I understand their hands are tied, I am in awe that there is demonstrated instability and a safety concern that I simply have to live with for 30 days... if she doesn't physically assault someone first. Do I even bother calling the police for further disruptions as she refuses to answer the door and they can't even address her? I dread returning to my own home at this point, reviewing my camera footage to hear her taunting and rambling at it. The loud noises continue and I have audio recordings from midnight the past two nights. One of loud music and the other banging. I have never seen or heard of anything so ridiculous in my life. I am not in any position to uproot my life and move right now going into the holidays and snow season. I don't feel I should have to. I am not living in the inner city here... it's not acceptable anywhere, but it's definitely not expected in a suburban neighborhood with some of the highest property taxes in the state. Do I have any recourse? Do I pursue her and the father legally? Is there anything I can file with the courts to assist the landlord in expediting her removal? Do I have to pursue the landlord legally perhaps pursuing a reduction in rent or even outside accommodations until she is removed? While I do not subscribe to the idea that every case is actionable and needs to be addressed with a lawsuit, my right to quiet enjoyment is certainly not being protected here and perhaps not even my safety. I apologize for the long post, even at this length, so many details have been omitted for the sake of time... any input from the community would be greatly appreciated.
  5. DeniseH

    Visitation

    Here's the short version - I have an older brother with 2 kids (girl-12, boy-9). Last year or so he lost vision in one of his eyes. He is a stay-at-home-dad as his wife work's as a architect 40-50 hrs/wk not including commute time. There was an incident when we were all vacationing in Cape Cod. My husband and I drove up on a Friday, Saturday morning we went for a walk on the beach and by the time we got back my brother was telling then yelling at me that we had to leave. See, he didn't hear or see when we said we were going for a walk and knocked on our bedroom door and of course there was no answer because we weren't there so he assumed we were in there having sex with the kids and their friends in the house. He had become so irrational that I stopped defending myself and packed to leave, while my husband got him to apologize to him but he wouldn't to me. Besides the point, this is another example of him taking after his father. My sister-in-law tried to get me to stay telling me that he's just frustrated with his vision. I suggested he go to therapy to find ways to help him deal with this change but was told he's a great father. We came from an physically and emotionally abusive home. At times, the kids are forced to lie - and they stink at it because it's not in their nature. Nov 20th was my nephew's birthday. I went to his school with lunch and a card. The school called his wife who said she'd call back and my brother calls back to give me one of his ego-control speeches. I left in tears with the same stuff I walked in with. My brother then began texting my husband who was at work and that he should call me. *eye roll* What are my chances of getting visitation if I go that route? What exactly do I need to petition for visitation? And yes, the children want to spend time with me and have sleepovers but even they know their parents will just say no. Thank you in advance.
  6. I'm not sure the answer to this, but interested in the community's view (particularly that of any lawyers): I'm in the process of selling a condo in NYC. (Please note, these aren't actual prices, but are on the same scale as the actual ones.) The broker representing me also was representing other sellers in our building. I'd gone with him because he is a resident of the building and has successfully sold a number of other units in prior years. He also has a bit of a mixed reputation, but I decided to work with him nonetheless. My apartment was listed at $1.1 million. Via the broker, I got an offer for $950,000. I asked him his advice on whether or not to accept it and his response was that it was too low and, in fact, didn't warrant a counter because it was so low. His advice was to go back to the buyer and say that I'm willing to negotiate, but they have to make a higher, good faith offer. I took his advice and did so. One week later, the person who made the $950,000 offer went into contract on another of our broker's apartments, at $950,000. That seems really shady to me. It's been about 6 months since then, and the real estate market has slowed way down and now I'm looking at offers closer to $900,000. Does anyone think what he did is illegal, or was he just being highly unethical? I'd love to sue him for the difference in price as well as for what I had to continue to pay for the ensuing months the apartment has been languishing on the market. I feel like there probably are emails that would be discoverable in court if I pursued litigation, but of course, that's a roll of the dice and I'm not wealthy enough to go into protracted litigation. Grateful for any thoughts, thank you!
  7. My son has a small landscaping maintenance and snow plowing business. His largest customer which involves two nursing centers, after several years, verbally terminated his landscape and snowplowing services without warning. This year there was no written contract, but rather a verbal agreement. Now it has been over 60 days and the last two months' bills have not been paid. The administrator and billing department will not respond to his request for payment ($9000). What are his options?
  8. I live in Western New York and currently live with my parents. I attempted a start-up business that failed and I've lost everything, especially my savings. I currently am not working due to the workload at home, taking care of my parents and I also applied for Disability. Long story short, my mother wants to evict me knowing that I literally have no money or anything to be on my own yet, until Disability comes through if it does. I have attempted Social Services and leads that came through friends and family to no avail. Another problem is that there is some property of mine left over on my parents' land from the start-up business that I cannot move until someone buys it as I would have to move it myself or pay someone to do it, both of which I cannot do. My parents are refusing to wait another year or so for me to be able to save once income comes in and then be able to afford the moving expenses as well as a vehicle, insurances, rent, etc. So, literally, the only thing I can do is to wait until I have to leave according to the law (they filed in court to have me legally evicted) and walk out the door, leave my possessions and try to live outdoors (literally). I have no where to go and they know that. However, I did read in the law that if I can demonstrate that I have a legally acceptable claim to my parents' property, I can get the case moved out of the municipal court and into another one (not sure which court, probably Supreme? or County?) where it can be delayed for years possibly. Is this a viable option? If it is, then is the claim I need to make to my parents' real property (land only) in terms of ownership only or may I make a claim on it for restarting my business, since my property is still there and I would be able to earn money to afford a move that way (not to mention paying my parents back the loan they gave me)?
  9. Hello, I wanted to ask a question regarding a recent death in the family and lack of there being no will. My Uncle and Mom (they are twin siblings) were adopted as babies, about a week ago my Uncle passed away unexpectedly. Would the next of kin be my Mom or their adoptive Father?
  10. My sons father owes me 1700.00 in child support. I asked him to pay for it and told him if he went on an extravagant vacation that he has planned then I would have to petition him again, i have a lot of bills for my son i have been paying without help for a long time only to find out he has a week long vacation to Puerto Rico planned. He responded that if I did petition him for child support that he would play a video he had a mutual friend of ours make of me "with" my ex boyfriend and to "watch your **** little glass house". He also always says outlandish things like "I am his beacon of light" or "if zombies attack our son will be the only one to survive" and "*our son* will be king one day just watch". Is that blackmail? Do I have a case that he is mentally unstable and shouldn't get our son? I am worried.
  11. MATT29CABO

    estate settlement

    Next of Kin and who gets the estate ? a set twins were adopted as babies by the same adoptive parents together at the same time . they are now grown adults .one twin has passed before the adopting parent has past . the twin has no will , was never married or had any children . the only blood relative to the twin is the surviving twin . who is the next of kin to receive the estate .. the Blood twin or the adoptive parent .
  12. Can more than one person get the same charges in a A1 drug felony
  13. My 2013 GMC Terrain was making noises. There was no check engine light. There was no low on oil light. We were on the road so we brought it into an independent shop that fixed a loose timing belt. Then a day and a half later your car died and wouldn't start we brought it into a shop in the engine needed to be replaced. The shop gave us prices on third-party engines but we insisted on buying a rebuilt GMC engine which we did from the local GMC dealer nearby $5,600 later the car was fixed replaced a claim with GMC they had our local GMC dealer president call us to tell us it's highly unlikely the old honor the quote two weeks later they denied the claim. Their justification is that we haven't exclusively used them for service and maintenance we have used them about 15 to 20% of the time . This car was 5 years old 3 months out of warranty and the engine stopped working. GMC has to take responsibility in some way I'm prepared to have a lawyer write a letter to GMC your advice is greatly appreciated
  14. After several years of receiving reasonable accommodation due to a disability I was denied because according to the New York City Police Department this is my 8th request and they deemed me unfit to perform my duties as a 911 operator and dispatcher as it is indicated from my doctor note. I am afraid they will either will dismiss me on put me on permanent medical leave. I have asked the personnel division and the Office of Equal Opportunity to assist me in finding other employment opportunities over the course of two years. I have independently look for jobs without success of getting hired, I even received career counseling to help revamped my goals upon graduating with my bachelors degree in legal studies in 2017. I do not know what to do at this point some have advise me to file a complaint with the Equal Opportunity Commission charging the NYPD with discrimination. Is this the right course of action because my union is useless.
  15. Roberto Rodriguez

    Landlord Tenant Queens, NY Issue

    I have my name on the lease in an apartment in Queens, NY. with a person I used to be in a relationship with. The apartment is rent stabilized. Now we are not together anymore. I do not live in the apartment for more than a year ago. The apartment was put on eviction as of July 31st, 2018. The judge granted her an extension until September 2018. Then she went to court for a hearing in September and she was granted a stay for an extra 90 days. According to the decision a Guardian will be appointed by a certain Institution. A case worker is handling her case. I consulted with a lawyer and she told me to wait it out. The social worker of the other tenant told me that they have to get a guardian for her. I have spoken to the real estate agency of the building and they have told me that my name cannot get out of the lease and my name is in the court case at this time. What can I do at this point? Is there another way out for me? I feel that I am trapped in this situation and I want for this situation to end for me. This case has been dragging in court for more than a year ago. I would appreciate any assistance. Thank you.
  16. NY commercial title reader

    RAISING judgments vs. heirs in title report -

    Hi Owner of a property in New York died intestate then the property was sold for full consideration out of all heirs. We are insuring a new purchase. There is PVBs vs one of the heirs that conveyed title, should those PVBs be raised ? if so, why? Thanks !!
  17. I know that a person can be charged with criminal contempt of non payment of support during a chapter 7 bankruptcy. I understand there are certain rules the debtor must follow for current support as well or they can be charged with contempt either criminal or civil for willful non compliance of support. What is the statute for the law and am I interpreting it correctly that the debtor must stay current with support post petition or suffer a consequence?
  18. My husband and I filed Chapter 7 and it was discharged December 2016. The bankruptcy included our previous mortgage. We attempted to apply for a rent to own home, however we were advised by the mortgage broker that we needed to wait 3 years from the date the property was transferred out of our names to apply for a new mortgage. We have asked our attorney that handled the bankruptcy and did not believe this to be true. The previous home we owned is still in our name as the mortgage company that was listed in the Chapter 7 sold the loan immediately after the discharge then that company sold it again. We have filed a new motion and are waiting for the foreclosure to happen, however in the mean time renting and in limbo.
  19. The Owner of the Fineral Home notarized a forged document, known as the Taking of Assigmnent to Life Insurance Company which included a 5% Fee on the Total Funeral Cost. I did not sign nor give consent. please advise. Kind Regards, Cin
  20. My husband is a classified employee for the City of New York. He recently took 3 day sick leave from work. He did not see the doctor, and went back to work after the 3 days. He is now being required to provide a doctor's note. The policy posted online says the requirement for the note is more than 3 conseq days . He pointed the HR person to that policy at her request. Few days later the person came back to him telling him that the policy had been obsolete for the past 5 years. My husband has been employed there for about 15 years. The same policy is still posted online as of today... is this legal? should not the policy be current? and if it is not - can he even be required to adhere to some other policy that he was not made aware of?
  21. I have an LLC that does charity work and is based here in the US. I am looking to hire some interns from the UK to work remotely. Can I do that without having to deal with any additional permissions from either government? Just our regular volunteer agreement? Thanks.
  22. Hello. I was sued for money in one county. I filed a motion to dismiss and the motion was granted. Now the Plaintiff is suing in a neighboring county (claiming they have a principal office there). Can I use the "already won" defense (forget the latin term) with a new motion to dismiss or does that only apply if it's in the same court venue? BACK STORY- Company in CA borrowed money. It was a corporate debt. I never personally guaranteed it. Now the third-party agent is trying to seek a judgement against me personally.
  23. I would like to know, if 4 people could buy a house together and be the legal owners of one house.
  24. My dog and my 6 year old were playing, my dog was on the couch and my 6yo was on the floor. I came into the room to tell them to knock it off. I both of them started to run away from me and my dog jumped off the couch to the left and my kid started running to the right. This was all in a friendly, fun manner. When the jumped and ran they collided, my dogs tooth scraping my sons head about 2.5 inches. I took him to the ER and he had to have 2 staples in his head. Again, this was an accident, not a bite or a growl, just a collision. They filled out a DOH report and now i fear my dog is going to be taken away. Will this happen?
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