Liam Gorman Brenndon Murphy's Answers

"S" corporation is sued, case is lost. Corporation needs to liquidate its assets to pay. Will shareholder loans be returned 1st

I would add only one issue to the other two answers: are the loans secured? In other words, if the corporation gave a shareholder a "mortgage" (or a "security interest") on the asset loaned to the corporation, the shareholder might be able to recover its loan first.

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Can I File a Petition in Family Court for Visitation With My Mother; Do I need an Attny?

In a word, No. Family Court deals only with issues concerning children who are under 18 or crimes between family members. If you want to engage in litigation, then the right approach would be to file for a guardianship or a change in guardianship either in Supreme Court or in Surrogate's Court. You said there is a "law guardian" which tells me there is somesort of guardianship already in place. Litigation is not the only alternative and it may well be the most costly option. You...

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Should a landlord notify tenants in advance when he's going to be doing work on the premises?

Mr. Tupitzka's answer is sensible, but there are courts in New York who have said that some of these actions violate the "warranty of habitability." So, for example, if parking is included in your rent and you are kept from parking for a period, some courts would award you a credit. As Mr. Tupitzka notes, however, you need to consider carefully the effect of such actions before taking them. Disclaimer: We are providing this general reaction to your question for discussion and informational...

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I have sole custody of my daughter and her father has supervised visits once a week, but has missed almost two months

No New York court will "terminate" the father's parental rights permanently unless you are proposing an adoption. Without going into the details, the basic notion is that every child is entitled to have two parents if, at the very least, to inherit from if the parent dies. What you can do is file a petition to modify visitation in the Family Court to stop visitation if you can state facts showing that the father's skipping visitation is causing harm to your daughter. If, for example, she...

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The proper way to sue a large corporation?

Start, generally, with the entity directly responsible for the cause of your conflict. When in doubt, include any entity related to the issue. Make sure they are actually incorproated by checking them on the NYS Department of State website. I'll note your question is very general. Most lawyers will allow you to talk for an hour or so (many will charge a consultation fee) to help narrow your question and that fee may be a good investment for you.

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Can i be forced to leave the house that my ex-girlfriend and myself purchased 12 years ago if she pays off the mortgage?

Generally, the answer is your girlfriend cannot "force" you to leave if she pays off the mortgage, at least not "immediately." You must keep the dispute between you peaceful. If either of you were to engage in any sort of verbally or physically violent behavior, a court could issue an order of protection and require one of you to stay away from the other, including forbidding you from coming into the house. Even if she was to pay off the rest of the loan, that would only give her a...

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How do you go about having a child support order modified that is from a different state, when your child moves in with you?

Ms. Brown's answer gives you all the fundamentals. In New York, child support issues are set up to be handled without a lawyer, particularly in rural counties like Tompkins. If the son has lived with the father for more than six months and there is agreement that the situation is permanent, those facts ought to be enough to meet the "substantial change in circumstances" test. Many lawyers locally would be willing to consult with you to help you evaluate your facts and then give general...

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Can a new board of director of a 501c3 org inNew York state be held for the negligent and unauthorized act prior to appointment

The question whenever you ask if you can be sued is always "yes." The right question to ask is "can they win." Thus, can a new board member be sued ... yes. Does the new board member have a good chance of avoiding personal liability ... the answer to that question based on these few facts is also "yes" because the board member did not do anything to cause this situation. IThat being said, however, the board member might be found liable if the new board member did not take reasonable steps...

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How do I dissolve a single shareholder S corporation.

I suspect that we are mixing tax authorities here. The IRS (Federal tax) does not send notices to the effect that they will dissolve the corporation for failure to pay tax. Moreover, a corporation does not cease to exist if it fails to pay income tax. The tax at issue appears to be New York's "franchise" tax or the tax that states impose on you for the privilege of creating and maintaining a corporation. New York can (and will) dissolve your corporation if you fail to file the appropriate...

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Lease & Other Issues with Landlord

Your best protection is to read the lease carefully and to document your expenses with equal care. If you had to pay for alternate heat, you should document that cost with your bills. If you had to leave to stay elsewhere, you should keep those receipts. There is no New York statutory law on these issues, but there is a lot of case law on it. ("Case law" means that your story has to match up with the story of the other case for it to apply). If you leave before the end of the lease...

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