Cohen & Lombardo, P.C.
Main Office | 343 Elmwood Avenue, Buffalo, NY 14222
Suburban Office | 4140 Sheridan Drive Amherst, NY 14221

Legal issue? Call for a consultation

(716) 262-8428
View Our Practice Areas

Buffalo Legal Issues Blog

What is a sole proprietorship under business law?

There are a number of different ways that New York residents can choose to structure their businesses and a variety of factors that should be considered to determine what structures are best for their use. If more than one person will be involved in the business, a partnership may be appropriate for its establishment. If only one person will start and operate an entity, then a sole proprietorship may work for them.

A sole proprietorship is a simple business structure. A business that is set up as a sole proprietorship must have a unique name and it must be fully permitted and licensed to do the work that the owner intends to do. However, unlike other business structures, sole proprietorships do not have to be registered with the state.

Does sentimental value matter in property division?

Some people might give their left arm to keep an heirloom in the family -- even if it's not worth more than a few hundred dollars. Chances are you've got a thing or two that's worth more to you than it may be valued at.

But, when it comes down divvying up assets in a divorce, the sentimental value may only make a difference in some situations.

Spousal support in New York can be single or ongoing payments

The parties to a divorce must make several important decisions about how they  will separate their lives and manage their ongoing shared responsibilities. Often those responsibilities relate to the care and support of children, but in some New York divorces the parties must determine if spousal support should be awarded. Spousal support is the payment of money from one person to their ex after their marriage is over, and is often referred to as alimony in other states.

Spousal support can look a lot like child support. It may be ordered to be paid each month on a set date and in a set amount. Those payments may last the entire lifetime of the recipient or they may be ordered for a shorter period of time if the spousal support is only meant to help the recipient get back on their feet financially after their divorce.

Are alternative forms of wills recognized in New York?

In order to execute a valid will in New York a person must meet certain signatory and witness requirements. These requirements are in place to ensure that the wishes and rights of the testator -- that is, the person creating the will -- are protected and that duress and fraud do not play a role in the creation of their testamentary documents. However, in some extreme circumstances individuals may not be able to put together technically valid wills before reaching the ends of their lives. They may be able to execute holographic or nuncupative wills that will be recognized as valid if certain circumstances exist.

A holographic will is one that is physically written out by the testator. For such a will to be recognized as valid in New York it must be drafted by a member of the armed services or a military support employee and that drafting must happen during a war or other active conflict. Additionally, mariners at sea may draft holographic wills.

What does it mean under business law to take a business public?

In recent years certain ubiquitous enterprises have "gone public" and have made their debuts on the stock exchange. However, for individuals in New York who are outside of the corporate world, the distinction between a private company and public company may not be clear.

Put simply, a private company is one that is held and controlled by a small number of people. A family business may be privately held, as may a bigger enterprise that is financed and managed by an individual or team of partners. In contrast, a public company is one in which many people may own shares of its worth and serve as stakeholders in the enterprise's management.

Understand how child support fits into a New York divorce

A divorce may offer its parties new beginnings for their lives, but before they can move on they must work through several family law issues that will establish their relationship in the future. Particularly if the parties share a child together, they will they have to decide where their child will live and how they will work together to support their child's financial needs.

Though all family law and divorce matters are different, it is often the case that when a child lives with one of their parents after a divorce, the other parent will pay child support to help with the costs of raising the child. These payments may be used for several costs related to the child's care, from paying the rent that provides them with housing to buying them the clothing, food and other necessities they require to live.

Can I write my will myself?

6 out of 10 Americans don’t have an estate plan. It’s not that they don’t care about how their family will have to handle their estate one day. Most of the time, people just don’t know where to begin the process or how long it will take.

Can you just write down your wishes when the time comes or is there another way? Here are a few of the options you have for creating a will in New York.

How can New Yorkers benefit from a living trust?

A living trust is a powerful testamentary tool that can help a Buffalo resident achieve many of their estate planning goals. While this post will address many of the advantages that individuals may derive from using living trusts, readers should note that not all estate plans may need or benefit from them and that all individuals should contact their trusted estate planning attorneys with their questions about the use of living trusts.

A living trust is a trust that is created during an individual's lifetime. Often individuals make their living trust revocable so that it can be changed or destroyed before the individual passes on. Living trusts can for some purposes take the place of wills but readers are again cautioned to seek their own counsel on the specific details of their own estate plans.

Regulations impose requirements on New York businesses

Starting a new business in New York is a big undertaking. A person may have to line up commercial space and vendors, secure licenses and hire employees. They may formulate growth plans in order to get financing for projects and seek the advice of industry experts to avoid missteps that often befall new businesses. And top of all of that, they must also meet all of the legal and regulatory requirements that apply to their entity.

Regulations come from many parts of the government and can apply to many different business practices. For example, if a business will serve food and drinks, it must meet health and safety standards imposed by various regulatory groups. If a business will need to hire a staff, it must ensure that its workers are legally eligible to hold jobs and earn income.

What is a no-fault divorce in New York?

In New York, individuals may pursue either no-fault or fault-based grounds for divorce. The grounds of fault that the courts recognize include cruel treatment of one spouse to the other, adultery, incarceration of one spouse for at least three years, and abandonment of one spouse by the other for at least a year. Of course, not all couples will have these serious issues existing between them. Therefore, many parties who decide to file for divorce will use the state's no-fault option to get it into the courts.

A no-fault divorce is one in which the parties cannot point to the actions of one to fully take the blame for the breakdown of their relationship. When a spouse is gone due to abandonment or incarceration, it is more obvious to note their transgressions against the other as reasonable grounds for letting the non-offender out of their legal relationship. In a no-fault divorce, the parties to the marriage may have simply decided that they would be better off apart and would like to end their marriage to pursue their own happiness.

Cohen & Lombardo, P.C.

4140 Sheridan Drive
Amherst, NY 14221

Phone: 716-262-8428
Fax: 716-881-2755

343 Elmwood Avenue
Buffalo, NY 14222

Phone: 716-262-8428
Fax: 716-881-2755
Map & Directions

bg office.
VISA | Master Card | Discover Review Us