Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 14
  1. I am starting up a cafe in New York and would like to set up an LLC solely to execute the commercial lease.

    Answered 12 months ago.

    1. Richard E Weltman
    2. Michael Wayne Goldstein
    3. David Harlow Relkin
    4. Christopher Daniel Leroi
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    The LLC can be foreign in which case you will need to domesticate it in order to do business in New York. In either case, a new LLC with no assets or track record will probably need a guarantor with assets when signing the restaurant lease. In any case, I strongly suggest you sit down with a business lawyer (and your accountant) to review the proposed lease and understand tenant's legal and financial obligations. You will also need to properly set up, operate and maintain the LLC in order to...

    6 lawyers agreed with this answer

  2. In NY, what is the percentage of burden of proof that a plaintiff must prove in a civil suit over personal property? Does a

    Answered about 2 months ago.

    1. Eric Edward Rothstein
    2. Ryan M. Finn
    3. Richard E Weltman
    4. John S. Desiderio
    4 lawyer answers

    Preponderance of the evidence is the standard burden of proof for a plaintiff in a property damage case. In practice, this means plaintiff needs to just tip the scale in her favor, not eliminate all reasonable doubt as required in a criminal case.In percentage terms, this burden of proof is equivalent to showing more than 50 percent in plaintiff's favor.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If Defendant doesn't comply with 1st discovery request should I motion to compel (after good faith effort) or demand more first?

    Answered 2 months ago.

    1. Eric Edward Rothstein
    2. Richard E Weltman
    3. William Thomas Mccaffery
    4. Jeffrey Steven Feinberg
    4 lawyer answers

    If your objective is to obtain discoverable case information and documents rather than simply punish defendant , then you should get all of your discovery requests including interrogatories out there. If necessary, the court at a preliminary conference can later deal with any unresolved discovery disputes down the road.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Does writing a letter to the judge works

    Answered 4 months ago.

    1. Richard E Weltman
    2. Douglas F Herring
    3. Christopher Edward Ezold
    4. James Alexander Abate
    5. William J Popovich
    6. ···
    7 lawyer answers

    Confer with your boyfriend's defense attorney regarding sentencing guidelines, the facts and circumstances of his case, and communications to the court. Otherwise, your statement to the court--while well-meaning--may not be considered.

    Selected as best answer

  5. Can one company cofounder promise to personally pay another cofounder for their shares?

    Answered 29 days ago.

    1. Richard E Weltman
    2. Dana Whitney Atchley
    3. Michael Charles Doland
    4. Robert V Cornish Jr.
    4 lawyer answers

    Hire an experienced business lawyer with securities law expertise to review your proposed plan as well as the company's existing documents. Speak to the company's accountant as well. You should not do this on your own even with the best of intentions.

    5 lawyers agreed with this answer

  6. Custody of a dog

    Answered about 1 month ago.

    1. Richard E Weltman
    2. Dana Whitney Atchley
    3. Eric Edward Rothstein
    4. Marco Caviglia
    4 lawyer answers

    You could go to court and contest "custody" although this can be costly and uncertain. Better you work this out together. Get a lawyer and put your complete agreement in writing.

    5 lawyers agreed with this answer

  7. Can I recoup a bill to a business if the owner files chapter 13 bankruptcy in Delaware?

    Answered about 1 month ago.

    1. Richard E Weltman
    2. Brett D Weiss
    3. Allen Preston Turnage
    3 lawyer answers

    Hire an experienced creditor's rights attorney to review the petition and schedules as filed by the individual. You may have a basis to object to the chapter 13 plan on feasibility or other grounds. You may also have a basis to lift the stay and pursue the business.

    5 lawyers agreed with this answer

  8. I am surrendering my car that is being financed. I got into a small accident last year before filling bankruptcy. Should I

    Answered about 1 month ago.

    1. Michael L Detzky
    2. Brian Christopher Fetzko
    3. Shelley Ann Elder
    4. Richard E Weltman
    5. Brett D Weiss
    5 lawyer answers

    Return the car as is. The deficiency claim owed to the secured lender will be part of your total unsecured debt for which you will later seek a chapter 7 discharge when you file for bankruptcy relief. Consult with a NY consumer bankruptcy lawyer about your total assets, liabilities, household income and cash flow.

    5 lawyers agreed with this answer

  9. If i have a travers hearing tom what questions can I ask to show that I wasn't served the petition or notice of petition. a

    Answered about 2 months ago.

    1. Richard E Weltman
    2. Emanuel Kataev
    3. Bruno Patrick Bianchi
    4. Steven Warren Smollens
    4 lawyer answers

    Good advice provided by my colleague. Speak to an experienced L/T attorney and have him or her handle the traverse hearing. S/he should have you out of the courtroom and see if the process server can identify you from a photo or the affidavit of service description. The right questions can show that the process sever is unfamiliar with your premises or deliver legal papers to you. Your attorney can then call you to testify about the facts as you describe them here. The burden is on landlord...

    5 lawyers agreed with this answer

  10. Bank employee accessed personal information. Bank won't tell me who has accessed my account. How should I proceed?

    Answered about 2 months ago.

    1. Emanuel Kataev
    2. Richard E Weltman
    3. Jacob Hayes Sirotkin
    3 lawyer answers

    The simple answer is probably no, the bank will likely require a subpoena unless the Superintendent of Banking becomes involved and orders turnover of information without it. If a subpoena is required, you will need to commence a lawsuit in New York Supreme Court, Suffolk County, and request the issuance of a subpoena showing authorized and even unauthorized internal account access.

    5 lawyers agreed with this answer

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