Dan Reed Halper’s Answers

Dan Reed Halper

New York Intellectual Property Law Attorney.

Contributor Level 4
  1. Which state do i form my LLC in for an Online management Consulting Business ? I do not have any primary location

    Answered over 1 year ago.

    1. Edwin Drantivy
    2. Dan Reed Halper
    3. James Andrew Mcglynn
    4. Robert V Cornish Jr.
    4 lawyer answers

    The first question you need to ask yourself is why do you feel the need to form a limited liability entity in the first place.

    3 lawyers agreed with this answer

  2. My uncle has moved tenants into a house which he owns with my mother in Brooklyn, N Y. Without her permission. Is this legal?

    Answered about 2 years ago.

    1. Dan Reed Halper
    2. Yefim Rubinov
    2 lawyer answers

    It sounds like your uncle and your mother own the property as a tenancy in common. If that is the case, the uncle would have the right to rent to tenants, but he would have to split the rents with your mom. Obviously he can't force her to pay for utilities and take the rents for himself. However, we would first need to nail down exactly what form of ownership exists here.

    3 lawyers agreed with this answer

  3. I need to know what documents to bring for legal guardianship and how can I represent myself to the jude to win

    Answered about 2 years ago.

    1. Dan Reed Halper
    2. Michael Leo Potter
    2 lawyer answers

    You should bring the following documents: Your sister's Birth Certificate Form 6-3, “Preference of a Minor over 14 years of age”. This form should be signed and notarized. Also, bring proof of identification, preferably a picture ID, and proof of residence.

    Selected as best answer

  4. Is a contract considered void under the NY Usury laws when the borrowers ( an individual and a corporation) are charged 24% int

    Answered over 1 year ago.

    1. Dan Reed Halper
    2. Ricardo O'Neil Bernard
    2 lawyer answers

    The loan is unenforceable in regard to the personal loan. It might be legal in regard to the corporation. I have read the relevant provisions of the General Obligation Law but they are complex and hard to remember, so I am quoting from a blog from Attorney David Rich who states the law quite well. In New York State, the rate of interest upon the loan or forbearance of any money, goods, or things in action may not exceed 16% per year. N.Y. Gen. Oblig. Law § 5-501(1); N.Y. Banking Law §...

    2 lawyers agreed with this answer

  5. F-1 visa and LLC

    Answered over 2 years ago.

    1. Nicklaus James Misiti
    2. Dan Reed Halper
    3. Massimo Paternoster
    3 lawyer answers

    In New York State which is the only state that I practice, the New York Secretary of State's Office does not do any inquiry as to your status in regard to setting up an LLC. So you could set one up -- however, that doesn't mean that the activity would necessarily be in harmony with the conditions of your visa.

    2 lawyers agreed with this answer

  6. How to buy existing business?

    Answered over 1 year ago.

    1. Edwin Drantivy
    2. Dan Reed Halper
    3. Yan Margolin
    3 lawyer answers

    It's very hard to understand what you are asking. What do you mean by a 'list'?

    1 lawyer agreed with this answer

  7. I need to know what legal action i can take to stay at or in a certain ProPerty.

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Dan Reed Halper
    3. Ian Edmund Scott
    3 lawyer answers

    There are not enough facts here to answer this question. To analyse the relationship between your mother and her husband would require a Family Law analysis. There's not enough information to understand who owns the property or what your relationship as a tenant or licensee is with the Ownership interest (also called the Fee) of the Property. You would certainly have some rights under the New York Administrative Code but that would only give you some time to move. A munch more thorough...

    1 lawyer agreed with this answer

  8. Illegal basement apartment for 8 years. recently evicted. now landlord suing me for property damage. can he do this?

    Answered about 2 years ago.

    1. Dan Reed Halper
    1 lawyer answer

    If you don't want a judgment against your record you will have to defend this lawsuit -- it seems like classic bullying. No real chance of winning and yet the guy is coming after you. Suits like this can be difficult because a lot of people don't take photos upon leaving. You need to gather whatever evidence you may have.

    1 lawyer agreed with this answer

  9. What can I do in court about paying back rent on illegal dwelling and foreclosure with no lease.

    Answered over 2 years ago.

    1. Brian A. Stark
    2. Dan Reed Halper
    3. David Wesley Cornish
    3 lawyer answers

    Were you ever served with a notice of entry of the decision? An appeal must be filed within 30 days from the service of the order appealed from and written notice of entry. If neither side has served a copy of the decision and order with notice of entry, there is no time limitation on the filing of an appeal. For more information about appealing a decision, go to Appeals.

    1 lawyer agreed with this answer

  10. Is an oral contract binding in New York State between two people, domestic partners in business together?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. John J. Carney
    3. Gaetano Parrinello
    4. Dan Reed Halper
    4 lawyer answers

    An oral contract is just as binding as a written contract, but this certainly doesn't end the matter. Legally the contract may be binding but an oral agreement with no witness and no voice recording can end up being problematic in terms of evidence. But again that is a question of evidence and not of law. Once of the attorneys who responded stated that you lack clean hands because you hid your ownership of the business. I'm not sure why that would indicate that you have unclean hands....