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Rosanne E. Felicello

Rosanne Felicello’s Answers

9 total

  • Shareholder litigation

    In order to file "shareholder" suit against non-elected board for fiduciary violation, how many shareholders are required to join in litigation? thanks

    Rosanne’s Answer

    As the other lawyers pointed out, the answer may depend on where you are filing suit and in which state the company is incorporated in. The answer may also turn on what type of company it is (LLC, Corporation, Partnership, etc.). You may be required to serve a demand on the elected board (assuming there is one) before you bring a suit, or otherwise be able to show that serving a demand would be futile. In short, you should speak to a NY litigator.

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  • Can I file a motion to compel on a foreclosure proceedings?

    Had my lawyer for over 2 years , during this time I think I only spoke to him 5 times.he always had his assistance tell me the updates , and go to court on his behalf.I've paid him and yet I see no results, two weeks ago he said he was goin...

    Rosanne’s Answer

    The client usually has the right to terminate the attorney-client relationship. Check your engagement agreement and the rules of the court that your case is in. In some cases, the court needs to approve the termination of the client-attorney relationship.

    In addition to the bar associations noted by my colleague, the New York City Bar (www.nycbar.org) also provides attorney referrals. Or you might contact one of the attorneys you locate on Avvo or other attorney search database.

    There's no guarantee that another attorney is going to be able to obtain quicker results or charge you a lower price. The length of time the case takes is largely dependent on the court. You do not say how much you have already paid your attorney, but you probably were (or should have been) charged less for speaking with his assistant than you would have if the senior attorney handled every call.

    If you haven't already paid him, you may owe your current attorney for past due services, but you may not owe the full amount invoiced. Your first step should be to discuss any unpaid fees with your current counsel.

    Good luck!

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  • What kind of Business licenses do I need to start a Magazine maker company from home?

    I want to provide a service that creates magazines for ordinary people who would like to make a magazine of their family Re-unions, Baby Showers... sort of a "Your Life" in a full color magazine. I need to know what licenses I need to do so?

    Rosanne’s Answer

    I cannot provide you with complete advice because I am not completely sure what you are contemplating. Do you want to operate as a business? Have you considered incorporating? Will you be operating with a partner? You may not need any licenses but you still may need to register with the state. Do you plan to operate under a name different than your own (such as, "Magazine Maker"). Here is a link to information about licensing requirements in NY: http://www.dos.ny.gov/licensing/. Good luck.

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  • What do I do

    doctor prescribed to an 8 year old blood pressure meds based on 1 urine test that showed protein. The ADA suggests that extensive testing for at least 1-3 months gets done before diagnosis of blood pressure and prescribing meds to adults, I imagi...

    Rosanne’s Answer

    You should contact an attorney in your county who specializes in medical malpractice claims. Most attorneys who practice in this area will evaluate your case for free. If they take on your case, it will likely be on a contingency fee basis, which means you will only be responsible for paying for costs associated with the case not attorney time. The attorney will be compensated if he/she obtains a recovery for you. I am happy to hear that your daughter is doing well. Your question doesn't indicate when the events occurred. There is a short statute of limitations period for medical malpractice claims in NY so do not delay in speaking with an attorney.

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  • How do I go about forming this LLC?

    Hello, We are looking to form an LLC for our business. The business is a discount card program and we will be looking for various stores and businesses all over the east coast to join the program so customers can eventually use their discount ...

    Rosanne’s Answer

    You can form your LLC in either state or even in a third state. Many large companies are registered in Delaware or New York to take advantage of well-developed corporate law. If you are doing business in NY or Maryland, you may also need to register as a foreign company doing business in that state. You should consult with an attorney concerning your specific plans for how you intend to market yourself in the state to determine whether or not you need to file this designation.
    Will you living in Maryland? You should consult an accountant concerning your tax question but income tax is usually paid to the state you live in, not where you earn income.

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  • Client is threatening me with "corrective action" over Web Development Project

    I accepted a project of a former client a few months ago, sometime in May. He initially paid a 25% down payment and I outsourced a developer to handle the task. There were some issues with the developer between the months of June to July 2011 as s...

    Rosanne’s Answer

    I agree that you need to be more specific about what you mean by "He is now threatening me with my new client." Is he threatening to sabotage your relationship with your new client? Has he taken any steps? I would suggest that you close the file and send him a letter stating that your relationship has now ended. If he takes any steps that cost you your new client, you may have a claim for tortious interference. You should consult an attorney.

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  • I opened a Corporation, I want to sell Beauty products can I be sued personally.

    Any other precautions that I can take not to be sued. Product testing is a fortune that I do not have. Products are simple and clearly stated on my label.

    Rosanne’s Answer

    • Selected as best answer

    I agree that you need to be sure to maintain the corporate formalities. You may want to consider raising funds to conduct product testing before you bring your products to market. You also should be sure to purchase liability insurance.

    Even if you take the utmost precautions, you may still be sued. The question is whether you are likely to be found personally liable. If you maintain the corporate formalities and take the necessary legal steps to safeguard your personal property, you should be able to avoid personal liability greater than your personal investment in the corporation.

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  • Where can I go to seek laws that protect me as a business owner concerning client attemps to file descrimination when.......

    There are liabilites concerning paying back loans from organizations I partner with? (Banks) I know some people will allow emotion to effect Judgement. Their "rejection" came from non approval due to poor credit and financial affluence. Not due...

    Rosanne’s Answer

    It is difficult to know specifically what you are asking but you appear to be concerned about a potential discrimination lawsuit because you sought to impose an additional test for employment on female applicants. Based on the limited facts that you provide and the limited nature of a public forum, I cannot provide you with specific advice.

    There is no law that prevents someone else from attempting to file a suit against you. There are procedural and substantive protections built into the legal system to ensure that you will not be found liable for a frivolous claim. The system is not perfect but it largely works.

    You should speak to an attorney about the specifics of your situation.

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  • How do i get a notice of petition and petition form

    i contacted my town clerk and they told me to go to a local office supply store but they did not carry that form. is there a website i can go to that will aloow me to download this ?

    Rosanne’s Answer

    As mentioned by the other attorneys on the site, we could provide a better response if you were more specific about what you are looking for. There are many web sites that post free legal forms that you can download. Try www.justia.com.

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