Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 13
  1. Is there a legal/law abbreviation for the word deposition? Is is sometimes referred to as "debt" or "ebt?" Thank you.

    Answered 8 days ago.

    1. Richard E Weltman
    2. Steven Warren Smollens
    3. Eric Edward Rothstein
    4. Jared Tod Levine
    4 lawyer answers

    In New York practice depositions are referred to as examinations before trial, hence the referral to an EBT.

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  2. If NY Supreme Court orders for consolidating two lawsuits into One then what is the Procedure further to be taken by plaintiff.

    Answered 14 days ago.

    1. Richard E Weltman
    2. Eric Edward Rothstein
    3. Robert Daniel Siano
    3 lawyer answers

    Clerk will mark the files consolidated. If no appeal parties will be guided by the judge's decision and order as to further pretrial motions and discovery scheduling.

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  3. I am in a Partnership with my 3 siblings, we all own 25%. The Agreement states that all Partners shall "Participate" in the

    Answered 11 months ago.

    1. Richard E Weltman
    2. Christopher Edward Ezold
    3. Daniel Adam Pepper
    4. Ronald J Cappuccio
    4 lawyer answers

    Your question raises troubling issues of self-dealing, misappropriation of corporate opportunities, potential breaches of fiduciary duty, and oppression of minority rights by your partner-siblings. At the same time, the activities you now question may have been going on for many years with full notice to you. In their defense, your partners might cite to New Jersey's business judgment rule, as well as pointing to your possible acquiescence and waiver of rights. Clearly the facts and...

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  4. Can you refuse judge's request to go to his chambers?

    Answered 11 months ago.

    1. Richard E Weltman
    2. Jayson Lutzky
    3. Peter Christopher Lomtevas
    4. Eric Edward Rothstein
    4 lawyer answers

    If it is a record you want you could certainly insist that a court reporter accompany you into the judges's chambers. But why refuse the invitation? You could be missing the point. The judge may be trying to help you "off the record." There could also be settlement efforts that should be left unrecorded. I suggest you confer with an experienced litigator who can guide you concerning the subtleties of trial and the potential opportunities presented by an invitation to chambers for a conference...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Since a lawsuit can be filed as a Federal claim, where does it materially appear?

    Answered 11 days ago.

    1. Richard E Weltman
    2. Eric Edward Rothstein
    3. Mona R Conway
    3 lawyer answers

    A federal legal action will be disclosed by the credit reporting agencies as a legal action. It is typically shown on the report as part of a public records search. Federal cases are filed in federal district courts or courts of appeal also reported nationwide through the online Pacer filing system. Bankruptcy filings are reported in much the same way, as these cases are filed in federal bankruptcy courts via Pacer.

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  6. What if a subpoena is being delivered to the witness at her office and she refuses to come to the desk to accept it.

    Answered 3 months ago.

    1. Richard E Weltman
    2. Michael Byk
    3. Eric Edward Rothstein
    4. Alan James Brinkmeier
    4 lawyer answers

    CPLR 308, subd. 2 permits leaving the subpoena with a person of "suitable age and discretion" and then mailing another copy to the person served at the home or business address in a plain envelope marked "personal and confidential" within 20 days. You must then file proof of service with the court clerk. Read the rule carefully as the requirements for service are technical, or engage the services of a New York attorney who has experience with witness subpoenas. Good luck.

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  7. Where is the legal record kept on file from a sale of a business by one corporation to another corporation?

    Answered almost 2 years ago.

    1. Richard E Weltman
    2. Christopher Edward Ezold
    3. Samuel C. Berger
    3 lawyer answers

    I would contact your father's lawyer and accountant from 1980. The records are more than 30 years old if they still exist. Check and see if the professionals are still practicing and if the records exist. If you and your mother are lucky, the file might be in storage. At the same time, reach out to Texaco's real estate and franchise departments. They may be able to help you or your lawyer locate the transactional records you are searching for. Good luck.

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  8. Can a dentist office debit my checking account without my authorization using my information from a previous payment?

    Answered about 2 years ago.

    1. Richard E Weltman
    2. Martin L Bearg
    3. Steven Everett Savage
    3 lawyer answers

    The answer to your question is a qualified no. Each electronic payment transaction stands on its own and must be authorized by you as the account holder. Even so, it is possible that you previously signed an advance consent permitting your dentist to charge future account payments to your card. Ask your dentist for a copy of what you signed. Talk to him or her about the account terms so you know what to expect in the future. Because you say you disagree with the particular charge, you...

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  9. STATE BUSINESS REGISTRATION

    Answered 8 days ago.

    1. Richard E Weltman
    2. Gerard William O'Brien
    3. Ronald J Cappuccio
    4. Samuel Joseph St. Romain
    4 lawyer answers

    The advise offered by my colleague is correct. This type of business registration information is handled in New Jersey by the Department of Treasury. You are free to call them but it is probably just as easy to handle your account update online. A link is attached and instructions are provided.

    4 lawyers agreed with this answer

  10. I own a business in NJ, sole proprietor, no employees. Do I need an EIN number

    Answered 14 days ago.

    1. Richard E Weltman
    2. Jonathan R. Miller
    3. Michael T Warshaw
    4. Todd Gregory Lezon
    4 lawyer answers

    As a sole proprietor there is no entity that must file. You only file an individual tax return as all revenue passes through to you. Plus you say have no employees but do have a sales tax number. From what you report there is no requirement that you get an EIN. To be sure, you would do well to review your particular situation with a business attorney and CPA.

    4 lawyers agreed with this answer

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