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Mona R Conway's Answers
- 68 Legal Answers
- 4 Legal Guides
3
Attorney answers:
Does a 12-month non-compete hold up if a client of the previous employer directly contacts me and offers a position in 5 months?
I'd like to just add a few more points to the sound responses of my colleagues. First, the specific contract terms are critical. There must be a geographical limitation to the non-compete. The law will not allow the total preclusion of an employee making a living for a year. Consider also that the non-compete/restrictive covenant might be unenforceable because it does not contain reasonable limitations. Believe it or not, lots of employers draw up these forms with the knowledge that they...
6 people marked this answer as helpful
2
Attorney answers:
Can I win, can I sue?
I recommend hiring a detective to find out where he is. It's good that he's been making the payments (I assume, as promised under the Note), but if you can't reach him, there's a problem if he stops paying. But, you can't sue him if he has not breached the contract. If he has breached, e.g., he has not made the payments as per the terms of the Note, you need to know where he is so that you can sue him. Of course you "can" win, so long as you have a valid cause of action (i.e. breach of...
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4
Attorney answers:
What is the best option (LLC, S-Corp, C-Corp) in New York State Incorporation for a small business?
New York offers several business formation options. The two most common are the corporation and the LLC. There are several key distinctions between these two corporate forms. Both provide what you're looking for: a "corporate shield" which limits personal liability for the owners/operators of the business. Formation of a corporation can be done in 24 hours for a cost of $125. Formation of the LLC takes much longer, due to the publishing requirement. Depending on what area of NY the...
5 people marked this answer as helpful
1
Attorney answers:
Under NY laws what rights does a life estate holder have
Yes; a life estate entitles the interest holder to that interest for the duration of their life. And, no: for example, if a court orders the sale of the property, the life tenant may be entitled to a portion of the proceeds of the sale. No: (but see above) the only interest held is the life of the tenancy. However, the holder of a life estate can transfer his/her life estate to another (which remains in effect for the original holder's life). This also assumes no improvements to property and...
3 people marked this answer as helpful
3
Attorney answers:
Private Contract..... Contract Law
First, kudos to the Cali lawyer, who very succinctly explained the law in New York on usary. Your question leaves some unanswered questions, so I'm going to take a stab at what you might be getting at. If by "finance charge" you are referring to interest on a loan, then you have to be aware of usary laws. Interest rates at or above 25% are usurious (covered by the penal law) and therefore, would make your interest rate unenforceable. However, certain finance charges may be payable, but...
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3
Attorney answers:
Life estate deeds
There is a lot of sound advice here. I'd like to make one more very important point about the timing in your situation. If your mother transferred any ownership rights in that property (i.e., put you on the deed) within the last 5 years, NY state can collect medicaid benefits paid within this time period by placing a lien on the entire property, not just your mother's life estate interest. The effect is that your interest is not protected at all. It really seems worth it to contact a...
2 people marked this answer as helpful
3
Attorney answers:
The company i work for gets paid extra money to give to us for (detail work) we do on weekends.They told me that they don't
Your question implies a couple of facts: (1) that the "extra money" is supposed to be used to pay the employees for the extra work; and (2) that what you "found out" is different from what your employer told you (in other words, you've been lied to). If these facts are the case, then you should pursue getting paid for work for the past 3 years. If there's enough money involved, contact an attorney to pursue it for you.
1 person marked this answer as helpful
3
Attorney answers:
How do I protect myself from a person who has threatened me with a harassment lawsuit? Do I need to hire an attorney?
In additional to my colleague's wise advice, I will suggest that you not take the crazy statements made too seriously or too personally. If you interrupt your colleague too much, perhaps an apology will go a ling to preventing future trouble.
1 person marked this answer as helpful
2
Attorney answers:
I loaned money to a friend and i don't have a written agreement but i do have emails of them admittiing to the loan can i sue
You don't need a written contract to enforce the terms of a loan agreement. The emails are proof as is the cashed check or other evidence of payment to your friend. If you are suing for a substantial amount of money, you would be better off retaining an attorney to collect it for you. If it's only a few thousand dollars or less, sue the debtor in the small claims court in the county where he/she resides. You can do this yourself. The clerks are pretty helpful in getting you started.
1 person marked this answer as helpful
2
Attorney answers:
When asking for orginal will in lawyer's possession, is there a fee? If so, how much is lawyer entitled to charge as fee?
I don't know of any attorney who charges a fee to obtain a will in the attorney's possession. If the attorney is asking for a nominal fee to cover some administrative costs in releasing the document, that seems fair. Otherwise, I don't think there should be any fees involved. Since you may need to retain a lawyer anyway to probate the will, have your attorney obtain the original will from the decedent's attorney.
1 person marked this answer as helpful