Archived
In business, is it possible for all parties of a contract to breach it simultaneously?
Michael's answer
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Answered on July 31, 2011
You are implicating the doctrine of rescission. You have given few facts, but in general, if a party breaches a material term of a contract the...
Archived
How can I get the foreclosure date removed. I have been working to get a remodification on my home for 2 1/2 years with BOA .
Michael's answer
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Answered on July 31, 2011
I like Mr. Kim's answer. The other important point is that in NY state court, arbitration is mandatory. Thus, court is not bad. The court can...
I just recieved a Stipulation of Discontinuing Action Without Prejudice......
Michael's answer
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Answered on July 31, 2011
It is not typical in new York practice to have dismissals with prejudice. I would take what you were given. No one can be forced to dismiss with...
Archived
I have a judgement against me from 1997. Canthey seize my compensation from crime victims fund or court ordered restitution?
Michael's answer
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Answered on July 29, 2011
The funds can be siezed, but it is very hard to do. If yiur award is large enough you should consider asset and estate planning.
I had a massage and a facial in a spa, Is there a service tax?
Michael's answer
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Answered on July 28, 2011
No. For what you describe there should be no tax.
Archived
What recourse would an estate have against a co-signer on car loan which creates a deficiency due to them allow a voluntary rep?
Michael's answer
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Answered on July 25, 2011
To me the repo seems proper. The estate would have a claim against the co-signer. However, if the estate has significant value, there are ways to...
Archived
What forms do I need to fill out to sell tobacco wholesale in New York City?
Michael's answer
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Answered on July 25, 2011
There are State and Local forms. Call the city department of consumer affairs. They can help.
Archived
Can she be a dependent on my income tax?
Michael's answer
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Answered on July 25, 2011
Unless she is disabled, this would be a red flag that is not worth the minimal benefit. There are technical definitions of a dependent, and I do...
Archived
An S-coorporation pays for housing/utilities/personal expenses of a shareholder - are these payments income for the shareholder?
Michael's answer
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Answered on July 25, 2011
Technically, this is income to a shareholder. You need to talk to a CPA to discuss how to properly classify expenses. Also, using corporate funds...
Archived
When a security company gives a weekly work schedule to a security guard does it constitute a binding contract?
Michael's answer
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Answered on July 25, 2011
No, it is not a binding contract. The only obligation of an employer is to pay for work you actually did.
