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New York General Business Law 249 Vs 350 Vs 218 Explained

webadmin on April 13, 2023

New York General Business Law is a set of regulations and rules that govern business operations in the state of New York. Business owners and entrepreneurs must understand the various sections of this law to ensure they comply with its provisions. If you want to open a business in New York this article will help you learn more, read on as we explore three sections of the New York General Business Law: 249, 350, and 218. Buckle up as we’re about to take Brooklyn Business Law fans on a wild ride that will clarify the in’s and out’s of everything related to these laws.

New York General Business Law Section 249

Section 249 of the New York General Business Law is commonly referred to as the Deceptive Acts and Practices (DAP) statute. This law prohibits deceptive business practices in New York. Deceptive practices are defined as any act that is likely to mislead consumers or cause them to take an action that they otherwise would not have taken. The law also prohibits the use of false advertising, deceptive labeling, and other fraudulent business practices. Section 249 applies to any business operating in New York, regardless of its size or industry. This means that small businesses and large corporations alike must comply with this law. Violating Section 249 can result in civil penalties, including fines and injunctions, as well as criminal penalties, such as imprisonment in extreme cases.

New York General Business Law Section 350

Section 350 of the New York General Business Law is commonly referred to as the General Business Obligations (GBO) statute. This law requires businesses to meet certain obligations when selling goods or services to consumers. Some of these obligations include providing clear and concise descriptions of products or services, disclosing all material facts related to the sale, and delivering products or services as promised. Section 350 applies to any business selling goods or services to consumers in New York. Violating Section 350 can result in civil penalties, including fines and injunctions, as well as criminal penalties, such as imprisonment in extreme cases. To avoid violating Section 350, businesses must ensure that they provide consumers with clear and accurate information about their products or services

New York General Business Law Section 218

Section 218 of the New York General Business Law is commonly referred to as the Business Corporation Law (BCL) statute. This law governs the formation, operation, and dissolution of corporations in New York. It outlines the requirements for incorporating a business, the duties and responsibilities of directors and officers, and the procedures for dissolving a corporation. Section 218 applies to any corporation operating in New York, regardless of its size or industry. Violating Section 218 can result in civil penalties, including fines and injunctions. To comply with Section 218, businesses must follow the procedures outlined in the statute when incorporating a corporation in New York.

In conclusion, understanding the provisions of the New York General Business Law is crucial for businesses operating in the state. Sections 249, 350, and 218 are just a few of the many provisions that businesses must comply with. By following these laws, businesses can ensure that they operate ethically and lawfully, while protecting consumers and shareholders.

Contributed With Help From:

Fisher Stone, P.C. NYC Corporate, Small Business & Trademark Lawyer 115 Broadway Floor 5, New York, NY 10006 (212) 256-1877 https://fisherstonelaw.com/

Fisher Stone Small Business & Real Estate Lawyers Of Brooklyn, P.C. 88 Suydam St Suite A, Brooklyn, NY 11221, United States

2023 Brooklyn Personal Injury Updates: Autonomous Cars, AI & More

webadmin on March 21, 2023

Personal injury law in New York City has seen many changes and advancements in recent years. With technological advancements and changing societal attitudes towards personal injury cases, the future of personal injury law in NYC is looking quite different from what it was just a few years ago. In this article, we will explore some of the developments and changes that are likely to shape the future of personal injury law in Brooklyn & NYC in 2023.

Autonomous Vehicles

One of the biggest changes that are likely to impact personal injury law in NYC in the coming years is the rise of autonomous vehicles. With more and more self-driving cars on the road, accidents involving autonomous vehicles are becoming more common. This presents a unique challenge for personal injury lawyers, as liability for car and traffic accidents involving autonomous vehicles is not always clear cut. Lawyers will need to stay up to date with the latest regulations and laws surrounding autonomous vehicles to ensure that they can provide the best possible representation for their clients.

Increased Focus On Mental Health

Personal injury law has traditionally focused on physical injuries sustained in accidents. However, there is a growing recognition of the impact that accidents can have on mental health as well. As a result, personal injury lawyers are increasingly incorporating mental health into their cases. This could involve seeking damages for emotional distress or PTSD resulting from an accident. Lawyers who can effectively advocate for their clients’ mental health needs are likely to be in high demand in the coming years.

Use Of Artificial Intelligence

Artificial intelligence (AI) is increasingly being used in many areas of the legal profession, and personal injury law is no exception. AI tools can help lawyers to process large amounts of data quickly and accurately, allowing them to build stronger cases for their clients. In addition, AI can help lawyers to identify patterns and trends in personal injury cases, allowing them to develop more effective strategies for representing their clients.

Changes To Liability Laws

Finally, we are likely to see changes to liability laws in the coming years. With more and more accidents occurring in public spaces, there is growing concern over who should be held liable for injuries sustained in these situations. This could lead to changes in the way that liability is determined in personal injury cases, with a greater focus on shared responsibility.

The future of personal injury law in NYC is looking very different from what it was just a few years ago. With changes in technology, societal attitudes, and liability laws, personal injury lawyers will need to adapt to stay ahead of the curve. Those who are able to do so will be well-positioned to provide the best possible representation for their clients in 2023 and beyond.

Contributed With Help From: Ribowsky Law 333 Stanley Ave, Brooklyn, NY 11207 (347) 292-7353 https://www.mrinjurylawyerny.com/.

Outdoor Weddings & Events In Brooklyn Using Tent Rentals

webadmin on January 30, 2023

Do your favorite dates involve hiking, picnics, and spending time outdoors? Then a public park may be the perfect spot for your wedding ceremony and reception. Not only will the natural landscape serve as a beautiful backdrop for pictures, but choosing a park as your venue can also help you save money on an event space, decorations, and more. However, planning a wedding in a public park also comes with a unique set of challenges, like the fact that you need to obtain certain permits and the possibility of bad weather. If you’re thinking about hosting your party, ceremony or reception in a park, here are 10 important things you need to consider first (aside from the fact you will probably end up needing to rent a tent for the party).

How Accessible Is The Location?

Whether you’re considering having your wedding at a small park in your hometown or somewhere within a larger national park, you’ll quickly realize that the most idyllic spots are often located well within the area’s grounds—not on the outskirts. Since more remote locations aren’t easily accessible by car, some guests, including elderly loved ones, may have trouble reaching the destination. Even if it’s easy to drive right up to your preferred spot within a park, you’ll need to consider whether or not it will be feasible for vendors to park and unload, and whether or not you’ll be able to set up chairs for a ceremony.

Are There Associated Access Fees?

Some public areas and national parks require a fee for admission. Determine whether or not wedding guests will have to pay upon arrival, and consider paying for your guests’ fees ahead of time, if so. You could also offer transportation (like shuttles or buses) into the park as a nice gesture.

How Many Permits Do You Need?

Since most parks are public spaces, anyone can use the property, but you’ll likely need to acquire a permit for hosting a wedding. Apply to the permit office as soon as possible to ensure approval and availability. While most permits are free, you may need to pay an application fee, which is usually anything from $20 to $200. Make sure you’ve applied for all necessary permits—you may need one for the ceremony and reception and another for amplified sound.

Are There Rules & Regulations?

Most public parks have regulations regarding noise and time restrictions, alcohol use, permissible guest count, and rentals. Talk to authorities about the rules before the wedding, and understand the consequences for breaking them. If any of these are deal-breakers for you—say, you can’t have live music in your favorite park—then you’d be better off looking for a different venue instead.

What To Do In Case Of Bad Weather?

Does your preferred park have a lodge, covered patio, or gazebo that you could use should the weather turn on you? Will the town’s permit office allow you to put up a rented tent in the event of poor weather? Make sure you understand your backup options before booking. Another important question to ask: What happens to the park in the event of severe weather? Some of these public spaces close in heavy rain, snow, or extreme heat or cold, so you may need a back-up location if this is the case. Just remember, In terms of the actual comfort level of the party tent in hot or cold weather, there is nothing to worry about as special heating & cooling for party tents are a common item at rental companies in Brooklyn.

Will Other People Be Around?

Since public parks are open to anyone, a bride and groom can’t banish passersby from the space. Kids may be playing baseball 50 feet from your cocktail hour, and their parents may sneakily snap a few photos of your beautiful reception. If you can’t welcome the idea of potential onlookers with a happy attitude, find a more secluded spot for your vows.

Does This Space Match My Preferred Dress Code?

Outdoor weddings are usually low-key, meaning that an elegant ball gown may look out of place in a park setting. If you’ve been dreaming of a black-tie celebration, complete with women in gowns and men in tuxedos, a park might not be the right setting for you.

Will The Town Limit My Rentals And Décor?

In order to keep a public park in tip-top shape, some local authorities may forbid certain items, like fire pits or in-ground stakes. Check with the park administration before reserving rentals, and don’t be afraid to get creative with your big day aesthetic. Since parks are naturally beautiful, you can rely on the surrounding scenery as a major decorative element, but if the idea of not having your dream tent makes you upset, start looking elsewhere.

Are There Public Restrooms?

Most public parks have restrooms or portable bathrooms scattered throughout the grounds. Plan your ceremony and reception near a restroom for convenience. Or, if your ideal spot isn’t close to these facilities, make sure the park allows you to bring in portable toilets. Flush units cost around $300 a piece, while no-flush options run for considerably less (although these aren’t the most elegant options for a wedding).

How Will We Serve Food?

Just like with rentals and décor, parks may have restrictions about outside food, beverages, and cooking equipment. Since they don’t want waste or food containers to harm wildlife, they may ask you to eat only in designated areas. Ask the management about food restrictions, then plan your meals accordingly.

Contributed With Help From Our Brooklyn Downtown Star & Queens Ledger Featured Party Rentals Company: Party Buster NYC 1111 Rogers Ave, Brooklyn, NY 11226 (718) 789-9200 https://www.partybuster.com/.

On the record: Evelyn Herbert

webadmin on November 2, 2022

By Jessica Defreitas

Evelyn Herbert, 62, of Richmond Hill is the administrative assistant at the Academy Charter Elementary School on Long Island.

Herbert, who is past her retirement age, believes that work stops when your ability to do so does. 

The mother of three has five grandchildren, who she adores more than anything in the world. 

As a principal’s assistant, her week is filled with developing relationships with the children at her school and keeping them in a nurtured environment.

“I take my administrative position seriously, but I also love to give counsel,” Herbert said.

When she is not taking care of office duties, she loves to listen to the students’ troubles and offer comfort.

She feels very happy that the students come to her when they need help. 

Herbert believes that being among children every day is her calling.

She said, “Before working at the school, I never worked anywhere that felt like a family, and it makes me feel appreciated.” 

Herbert thinks of her job as more of a life calling than a source of income. 

She and her husband are the backbone of their family, according to her.

She insists on teaching her kids and grandkids to be grateful for the simple things in life.

When she is off from work, she loves to go for walks and go shopping.

Because of her passion for taking care of others, she hopes to see her kids and grandkids model that same behavior.

 

Brooklyn art exhibit honors victim of gun violence

webadmin on November 2, 2022

By Billy Wood

[email protected]

The Melquain Jatelle Anderson Foundation (MJAF)  held the “Disrupting the Hate” art exhibit at the Central Brooklyn Library from Oct. 21-25. 

The event is held on those days because Anderson was born on Oct. 21 and was murdered on Oct. 25 outside Faragut Houses at  26-years-old.

“I wanted to do an art exhibit to show people disrupting the hate through artistry because you can actually heal through art, whether you are the observer or the artist,” said Michelle Barnes- Anderson, his mother, founder, and chief executive officer of MJAF. 

The MJAF is a community service organization in Brooklyn where they provide both support and comfort to victims of gun violence along with their loved ones. 

Black Boy Magic by Monae Benet

There is also a scholarship and fund in support of undergraduate students at John Jay College of Criminal Studies in the memory of Anderson. He was a Brooklyn Knight and John Jay Student.

The foundation did a one day art exhibit in 2019 at the Brooklyn Museum. This year’s event had about 33 different forms of art from painting, drawings, poems, and lyrics. They received artwork from daycare children all the way to more established artists.

While all of the art resonates with her because it reminds her of her son from his early ages of drawing in grade school to him becoming a fashion designer, there was one exhibit that she felt was important and that was done by the daycare called “My King and I.” 

It shows pictures of the fathers with their children surrounded by their young ones’ paintings. 

“It’s really about the fathers. And I wanted to uplift our black young fathers in the neighborhood,” Barnes-Anderson said. “That was so important to me to make sure we have the daycare because they need to know that their love, they’re needed in the community.”

This year’s exhibit took place at the Central Brooklyn Library and throughout the five day event there have been over 400 people that have attended.  

“I wanted the experience for people being in the art exhibit and also utilizing other things that the library has because it’s a wealth of information,” said Barnes-Anderson. “We need to exploit that with the library so people can know this is not something that you just come to for research.”

The library hosts a full slate of different exhibitions, marquee and signature programs; however, this one was unique.

“We really feel like it’s important to give back to the community,” said Cora Fisher, the curator of visual arts program at the Central Brooklyn Library.  

“There’s a lot going on in the world relating to these issues, which feels very timely,” Fisher said.  “I mean it’s been really a special, a special experience.”

She is always advocating that visual arts is a form of material knowledge and this exhibit is an example of that. She is excited by the whole spectrum of this showcase  as it is  multi-generational. 

“To see babies and toddlers all the way up to elders making work in a responsive way I think is very powerful,” Fisher said.

Barnes-Anderson said she honored and blessed for the library to have hosted the event for her this year. She is hopeful that she will be able to do it again there next year if there is space available. 

The MJAF will be hosting an event on Oct. 30 to celebrate their fifth annual scholarship recipients, NYPD and honorees award ceremony.

For more information on that event and the MJAF organization please visit their website at https://mjascholarship.org. 

“Untitled Self Portraits” — artwork from Fort Greene Preparatory Academy

 

Pol Position: Zeldin is making the race close

webadmin on November 2, 2022

While New York is traditionally seen as a blue state, Long Island Representative Lee Zeldin seems to be making a real push for the governor’s race against Democratic incumbent Gov. Kathy Hochul.

Zeldin came out strong in the first half of last Tuesday’s NY1 debate against Governor Kathy Hochul – sticking to his usual stump of “saving the state” by repealing bail reform and instituting tax cuts. 

For the first twenty or so minutes, Hochul seemed asleep at the wheel, playing the defensive while Zeldin acted like he shotgunned a can of Monster.

The debate focused on major issues like crime (which multiple polls ahve shown is the top concern on New York’s mind), abortion, affordable housing, gun control and more. 

While Zeldin came out strong in the first half, Hochul was able to bounce back putting Zeldin in a bind over whether he supported Donald Trump (his answer waffled on working with Donald Trump on issues) and attacking Zeldin on his abortin record (which is smart politics for Hochul, trying not to hemorrhage support of liberal women concerned about crime.)

Overall Zeldin stayed on the offensive all night and it worked for him – clearly winning the debate.In recent years, there have been questions about the effectiveness of polls and if they have any real bearing on swinging undecided voters. While Zeldin can make clips out of them to post to social media, it’s not clear whether it will help move the needle for him. 

Regardless of the debate’s effect, polling has shown that the race is tighter than most would have imagined over the last two months. While the polls differ in voting spreads, they all show a tightening race.

Emerson College had Hochul leading by 15 percent in September, while their October poll had her only up by 7 percent. Sienna College had Hochul leading by 17 percent in September but their October poll has Hochul leading by 11 percent. And Quinnipiac’s sole October poll has Hochul only leading by 4 percent. 

Even though the polls differ they all show that Zeldin is making a closer play than republicans have in recent years, where they fell behind 20 plus percent in the statewide vote. 

Guest Op-Ed: Lessons never learned; Protect our children

webadmin on November 2, 2022

By John J. Ciafone, Esq.

Almost weekly, we hear about gun violence in our schools.

The massacres that have occurred in our schools whether it be Uvalde, New Mexico or Sandy Hook, Connecticut – not to mention college incidents, have not raised the eyebrows of our elected officials to move forward toward action.

Gun control legislation is not enough. We need metal detectors in all our schools. 

Whether you go to a sports game, a concert or any major event, you are expected to go through metal detectors as a matter of course.

Yet, why don’t we have metal detectors in our schools? Metal detectors are relatively inexpensive and extremely effective in catching guns and knives.

Gangs that prey on our children bring these weapons into our schools to further initiate and recruit naive children. 

A middle school in my neighborhood, IS 126 in Long Island City, housed a cache of confiscated guns and knives in the principal’s office, under lock and key, all in an effort to keep it secret. How many more children have to be slaughtered and sacrificed by our leaders who fail to protect our most precious assets – our children and the future generation. 

I proudly served on Community School Board 30 as a member, treasurer and president.

During my time, we fought for more school safety officers, security cameras and police presence outside troubled schools. 

Through the devastation of the Sept. 11 attacks, we have learned the importance of metal detectors and screening within our airports that have resulted in a huge success in thwarting hijacking and terrorist attacks on our planes. 

The same efforts must be employed in our schools to prevent guns and knives from threatening the lives of our children, staff and teachers.

What’s more alarming is that some City Councilmembers, who have police protection and metal detectors in City Hall, want to remove school safety officers in our schools. 

I am shocked that the Teacher’s Union, which is perhaps the strongest lobbyist in New York, has no interest in protecting our children or their own members. 

We have a major upcoming election ahead of us and yet no candidate is speaking about protecting our children and our schools. 

At a minimum, our elected officials have an obligation and duty for the position that they were elected for and that is to protect our children, who are our future.

Elected officials need to wake up and do their jobs to be proactive and prevent any future tragedies. 

Guest Op-Ed: Polls are now open! Vote today in this critical election

webadmin on November 2, 2022

By Mayor Eric Adams

 

Tuesday, Nov. 8 is Election Day in New York City – your last chance to join millions of New Yorkers in making your voices heard and casting your ballots in these critical elections.

The polls will be open from 6 a.m. to 9 p.m.

If you can’t vote on Tuesday, you can also vote early in-person. Early voting polls will be open through Sunday, Nov. 6.

Your poll site may have changed, so it’s important to check your poll site location and its hours before you vote at nycvotes.org.

This year, voting is more important than ever. The outcome of these elections will affect you and your family’s future, our economy, education, healthcare and more. And in every single race, your vote matters – from the Governor and Attorney General, to your Congresspeople and State Representatives.

We’re deciding who will lead our state into the future, and what kind of future we want for our state.

Also, four ballot proposals are on the back of your ballot, so remember to flip yours over.

I’ve made my plan to vote – and it’s critical that you do, too.

And not just yourself; bring your friends and family along, too. All U.S. citizens aged 18 and older who have registered are eligible to vote.

I hope that you will join me and millions of your fellow New Yorkers in going to the polls and getting the change you want to see done.

For more information on where and how to vote, as well as who and what issues are on the ballot, check out nycvotes.org.

If you are not currently registered to vote, you can register for next year’s election on that website as well.

All New Yorkers have the right to vote in their language.

You may bring an interpreter to the voting booth – it can be a friend, a family member or a poll worker, but it can’t be your employer or union representative.

The Civic Engagement Commission will be providing interpretation services in select languages and poll sites on Saturday, Nov. 5, Sunday, Nov. 6 and on Election Day, Tuesday, Nov. 8.

For more information on interpretive services, please visit participate.nyc.gov. And if you run into any problems when you try to vote, call 311.

Our democracy relies on individuals with different opinions coming together to find solutions.

Voting is one crucial way we do this, and having discussions with each other is another.

Recently, my Administration held a summit on criminal justice. We brought experienced defense lawyers, judges, district attorneys, advocates and law enforcement officials together in search of solutions to a goal we all share: keeping New Yorkers safe and ensuring justice for all.

There is a lot that this group disagrees on, and each individual group will keep pursuing their individual goals. But there is also much we agree on.

Both public safety and justice are prerequisites to prosperity, and we need to do a better job on both.

No one should be afraid of crime on the subway, and no one accused of committing a crime should have to wait for months to get a hearing.

Our discussion helped us find common ground on important improvements to our system, and over the coming weeks and months, we’ll be continuing our conversations and turning them into actionable solutions that will make New York a safer city. And I will never stop fighting for the steps we need to keep us safe.

Working toward a more perfect city and country is never easy.

It takes all of us engaging in good faith conversation, expressing our views, and casting our ballots.

See you at the polls on Tuesday.

Why you should vote ‘Yes’ on Environmental Bond Measure

webadmin on November 2, 2022

Voters across the state will have a question on their upcoming Nov. 8 ballot about whether the state should pass the Environmental Bond Measure. And we implore you to vote yes.

The Environmental Bond Measure would help unlock $4.2 billion for critical environmental spending by taking on debt, for issues including: at least $1.1 billion for flood risk and restoration, up to $1.5 billion for climate change mitigation, up to $650 million for land conservation and at least $650 million for water quality improvement. 

It’s a hefty cost, but a necessary one.

According to a 2020 report from State Comptroller Thomas DiNapoli, New York has the second highest debt burden behind California.

But the costs of doing nothing could reach a projected $10 billion per year (in 2010 dollars) by 2050, according to state reports.

We need to invest every dollar we can into fighting climate change.

It is an existential threat that requires long-term thinking and inaction will only make the situation worse.

With the surmounting costs of climate change, it would be better for the federal government to step in.

The Inflation Reduction Act brought some advancements in terms of federal dollars to help states battle climate change like tax credits for heat pumps and solar panels.

But due to the sniveling coward of a Senator Joe Manchin is, it was a compromise deal. 

We have very few options with how to deal with this issue. Inaction cannot be one of them.

So while adding more debt can be concerning to voters, the bigger costs are too big to ignore or delay.

Editorial Everyone should have a say

webadmin on October 27, 2022

In a recent editorial in The Atlantic, entitled “Not Everyone Should Have A Say”, the writer argued that community input was not necessary for energy-permitting projects and that community input gets in the way. We disagree.

While the editorial was national in scope, it highlighted delays in New York City’s congestion pricing and mimics a developing view from YIMBYS (which stands for yes in my back yard and often represents a pro-development point of view) that enacting “good policy” should trump people’s concerns. 

Community Boards aren’t a purely democratic process – they represent those with more time on their hands and can give a false illusion of what totally represents the community, but having a forum where legislators have to at least listen to some members of the community is crucial for democracy. 

As we’ve written before, community boards aren’t perfect institutions and have many follies of their own, but abandoning these principles will only further disengage voters, make leaders more unaccountable and undermine the point of representative government. 

“A local community is going to know what is best for them and what is not best for them better than any lawmaker in Albany—for that matter, certainly any lawmaker who’s in the District of Columbia,” reportedly said Anthony Rogers-Wright, director of environmental justice at New York Lawyers for the Public Interest. While we don’t necessarily agree that just because the community agrees on something it makes it accurate or the best policy but engaging with local stakeholders is necessary to keep a patina of democratic input.

The Atlantic editorial offers no real solutions for “rethinking community input,” and that’s because no community input process can be wholly democratic – but it’s the next best thing. Keeping community board meetings online so that travel times aren’t a hindrance, changing the fact that elected officials can appoint people to community boards, ensuring racial and economic diversity, and passing some kind of legislation that would allow working-class people to take off of work for meetings would be good first steps to making community boards and the quality of the input more democratic.

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