Corey S. Kupfer’s Answers

Corey S. Kupfer

New York Mergers / Acquisitions Attorney.

Contributor Level 7
  1. My "Right of First Refusal" on a piece of land adjacent to 2 lots that I purchased has been ignored and I never signed off on it

    Answered about 4 years ago.

    1. Corey S. Kupfer
    1 lawyer answer

    If you had a right of first refusal, your claim would be against the former owner you contracted with only unless that right was recorded on the deed records in which case the purschaser and subsequent purchaser would have been put on notice and would not be bona fide purchasers for value without knowlege or of your rights. In that event you may have a claim against the purchaser. Assuming that purchaser purchased title insurance (which it almost definite), then the title insurance policy may...

    1 person marked this answer as helpful

  2. Dissolving a corporation

    Answered almost 4 years ago.

    1. Corey S. Kupfer
    2. Liam Gorman Brenndon Murphy
    3. Dana Howard Shultz
    3 lawyer answers

    To the extent that you maintained proper steps to keep limited liability during the existence of the corporation (signing all contracts in corporate capacity, not commingling funds, etc.), you do not have a personal guaranty on any contract that may be the subject of a lawsuit and you did not commit fraud or act outside the scope of your authority, in general (other than certain "trust fund" tax liabilities - like for witholding and sales tax), you would be personally liable for the liabilities...

  3. Are non compete agreements enforceable in NY

    Answered about 4 years ago.

    1. Theodore Lyons Araujo
    2. Gaetano Parrinello
    3. Corey S. Kupfer
    3 lawyer answers

    The first thing I would want to make sure of is that it is truly a non-compete as opposed to a non-solicit. These are often confused. If is a non-solicit (meaning you can't take their clients or employees) that is usually more enforceable. If it is a non-compete (meaning that you cannot work in the industry, in employment situations as opposed to sale of a business situations, courts generally grown upon non-competes. They are very hesitant to take away someone's livelihood unless they are...

  4. How do I get my brother to sell a home we both own together

    Answered about 4 years ago.

    1. Gerry M. Wendrovsky
    2. Corey S. Kupfer
    2 lawyer answers

    Most likely, the route you will need to go is a partition action in state court to get a judge to order either the sale of the property to a third party or the buyout of one of you by the other. We have handled many of these cases and would be happy to help you with this. Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

  5. RE: company

    Answered about 4 years ago.

    1. Nicklaus James Misiti
    2. Corey S. Kupfer
    2 lawyer answers

    Depending upon whether you want to form a corporation, limited liability comany or operate as a sole proprietorship (which I do not recommend), what you need to start the company is different. Also, depending upon the type of business you are starting there may be certain licensing or permit requirements. If you are in New York City, see this link for some helpful information - http://www.nyc.gov/portal/site/businessexpress. You should definitely work with an attorney to help you evaluate...

  6. Can a New York employer fire you for not signing a non disclosure agreement?

    Answered about 4 years ago.

    1. Corey S. Kupfer
    1 lawyer answer

    The short answer is yes. Without an employment contract or being a union member under a collective bargaining agreement, you are likely an "at will" employee in New York, This means you can be terminated for good cause, bad cause or no cause as they say (with the exception of being fired due to being in a protected class like race, age or gender). It is, likely, by the way that a 5-year non-compete with broad language cannot be enforced for the full period but it might be enforced for a...

  7. What is the cost to write a business proposal?

    Answered about 4 years ago.

    1. Corey S. Kupfer
    1 lawyer answer

    I would need more information to provide you with the best answer as I am not sure what you mean by a "business proposal." If you mean a business plan for the business that you would either want for yourself or for a bank loan or investor, that could be between $5,000 and $15,000. If you mean an offer letter or deal proposal to make an offer to buy the business that is significantly less - likely under $1,000. Although the due diligence on the business and legal documents to actually buy the...

  8. Is a quit claim deed enough?

    Answered about 4 years ago.

    1. Corey S. Kupfer
    2. Andrew Daniel Myers
    2 lawyer answers

    A quit claim deed is usually enough to transfer ownership. The quitclaim part just means that there are no representations and you take whatever title (subject to whatever liens) your father had. As the transfer was during his lifetime, the house would normally not be part of his estate. That does not mean that your sibling might not make claims challanging the transfer especially if your father did not have the mental capacity to make the decision to transfer the property. Disclaimer:...

  9. Business

    Answered about 4 years ago.

    1. Gerry M. Wendrovsky
    2. Corey S. Kupfer
    3. Dana Howard Shultz
    3 lawyer answers

    You say that you "bought a pizzeria" but it is not clear what the structure of the deal is. Based upon your statement that you opened a new company, my guess is that you purchased assets instead of equity. Although this is usually the better structure for avoiding taking on the Seller's liabilities, a lot depends on how the agreement was drafted. More importantly, New York is one of the few states that still have a bulk sales law. If the bulk sales law was not complied with, a purchaser can...

  10. Do I have to tell my new tenant that there were two failed busineses before her?

    Answered about 4 years ago.

    1. Isa A Abdur-Rahman
    2. Corey S. Kupfer
    2 lawyer answers

    You did not need to tell her. It is up to your tenant to do there own due diligence. The only situation I can think of where you might have liability is if she asked you the question prior to signing the lease and you lied. That would be a misrepresentation that she would claim she relied upon in entering into the lease (a fraud in the inducement claim). If she did not ask, you have no affirmative obligation to disclose it. Disclaimer: This answer is for informational purposes only and...