David Harlow Relkin’s Answers

David Harlow Relkin

New York Commercial Real Estate Attorney.

Contributor Level 6
  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

    Since the LLC, in your hypothetical, is the tenant, and is doing business in New York, you are required to qualify to do business in NYS. Even if you had the LLC sublease to another already existing entity in NY, the LLC is still doing business in NYS. You may as well create the LLC in NYS unless you already have an out of state LLC, then it is less expensive to apply to do business in NY; and to hide the Name of the LLC, you can do business in another name. You file this document with the...

    5 lawyers agreed with this answer

  2. Which party is responsible for filing for a preliminary hearing in a divorce action?

    Answered about 2 years ago.

    1. David Harlow Relkin
    2. Eric Edward Rothstein
    3. David Ivan Bliven
    4. Virginia Giselle Alvarez
    4 lawyer answers

    A preliminary Hearing in a matrimonial action is required to be held no later than 45 days after the action has been assigned to a Judge. The Court Orders the Hearing and date for the conference. There are a number of categories of documents, including a net worth statement, pay stubs for the past year, Tax Returns, Life Insurance that has cash value, etc. The Court will set the date and the documents which are to be produced, including the above. The aim is to determine early in the case the...

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  3. If a company I signed a non compete with sells the site I signed the contract for, is my non compete now null?

    Answered about 1 year ago.

    1. Richard J. Chertock
    2. David Harlow Relkin
    3. John P Corrigan
    4. Peter J Weinman
    5. Bryon C McKim
    6. ···
    7 lawyer answers

    Three things govern my answer with my limited understanding of the facts. First, you almost certainly did not sign a contract with a "website", but with a company, corporation, LLC, etc. Second, the "form of the sale" would determine the enforceability of your agreement. In other words, was it an asset sale of the site only, or was the company sold. Third, most contracts containing non-compete clauses provide that they shall be binding in their favor, any transferee, assignee or affiliate....

    3 lawyers agreed with this answer

  4. Have a Question about filing and Answer to a Complaint and Motion to Compel Private Contractual Arbitration in New York

    Answered 9 months ago.

    1. Michael Evan Greenspan
    2. David Harlow Relkin
    3. Brett A. Borah
    3 lawyer answers

    No. What you need to do is to file what is called a motion to stay an action and compel arbitration in New York Supreme Court. The procedures are very specific and you should consult an attorney. I have done this at least 75 times over my career.

    2 lawyers agreed with this answer

  5. Is talking on a cell phone defined as a "serious traffic violation"?

    Answered about 1 year ago.

    1. Terri Beth Kalker
    2. Matthew Jay Weiss
    3. Joseph A Lo Piccolo
    4. Michael J Palumbo
    5. David Harlow Relkin
    5 lawyer answers

    The answer is yes it is now. The governor of New York recently signed a bill providing that texting on a phone, including speaking on a phone, without an earpiece or a bluetooth device while driving is a five point charge against your license. If you have a second offense you lose your license I believe for 6 months. Buy a $20 earpiece and don't text.

    2 lawyers agreed with this answer

  6. Can another case be brought against the party who settled in an underlying case for frivolous litigation

    Answered about 1 year ago.

    1. Michael S. Haber
    2. Joseph W Watkins
    3. Eric Edward Rothstein
    4. Paul Karl Siepmann
    5. Terry David Horner
    6. ···
    6 lawyer answers

    You have to clarify your question. I don't know the nature of the settlement or how it was reached. However, if the settling party committed fraud in the settlement, you may be able to overturn it and bring in new evidence. It is not easy, but there may very well be holes in the agreement sufficient to allow a Judge to reconsider the matter. Judgments are opened for fraud committed against the Court or in connection with representations on which a party relied in signing the agreement. Do...

    2 lawyers agreed with this answer

  7. I purchased a commercial coop floor and the seller is trying to remove the inside offices front walls

    Answered about 2 years ago.

    1. Steven Warren Smollens
    2. David Harlow Relkin
    3. Maurice N Ross
    3 lawyer answers

    David@Relkinlaw.com; www.RelkinLaw.com:\ You indicate that the doors were not excluded from the purchase. Since they are attached to the premises, they would likely be considered "fixtures" that passed to you in the sale. You have an immediate solution, call the police. However, you need legal representation to obtain an Injunction to prevent the Seller from destroying and potentially stealing your property. Of course, I am assuming the doors are the entrance to the premises you purchased...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. What are the real advantages of Arbitration compared to litigating the case in the courts ?

    Answered over 1 year ago.

    1. Donna G Heller
    2. Steven R. Neuner
    3. Glenn R Reiser
    4. Dennis W Dorsey
    5. Glenn Laurence Widom
    6. ···
    9 lawyer answers

    Having represented Clients in over 100 Mediations and Arbitrations, and having written and lectured on this issue for years, I believe that the answers to your question have changed. The answers have always been:(a) Speed—this is due to the “direct to trial” method, very little discovery, limited rights to Appeal, and strong Arbitrators who want to move to Trial quickly; (b) Privacy—many people/companies do not want to publicize their legal issues in public; and (c) Experience of Arbitrators in...

    3 lawyers agreed with this answer

  9. What happens if an ex owes arrears child support and he declares bankruptcy-can you still have a willfullness trial

    Answered about 1 year ago.

    1. Peter Christopher Lomtevas
    2. Jayson Lutzky
    3. Gary D. Bollinger
    4. Matthew Scott Berkus
    5. David Harlow Relkin
    5 lawyer answers

    Yes. A party required to pay child support is considered to be willfully non-paying if he fails to move for a downward modification. In the case of a non-working payor spouse, the court has stringent rules and he must not be working due to conditions outside his control. It is his burden to show. As far as Bankruptcy goes, Child Support is non-dischargable. So, the debt will continue during his bankruptcy case. You should have your attorney withdraw the reference to the Bankruptcy Court as...

    1 lawyer agreed with this answer

  10. Is it possible to request an emergency conference call to a judge in queens county Supreme Court?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Jack Richard Lebowitz
    3. Jayson Lutzky
    4. David Harlow Relkin
    4 lawyer answers

    Absolutely. Every Court permits participation for extraordinary reasons by telephone. You have to give the Court a special form so call the clerk. You will be given a time by the clerk and the other side has to be given notice. Divorce Courts dealing with child custody issues are especially available to deal with these issues and will hold hearings on these issues regularly. Your attorney would have to appear in Court on the date of the Conference and go through the entire issue with him...

    1 lawyer agreed with this answer