This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Fraud With Business Partner In New York
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If your business partner committed fraud, you may be entitled to take legal action and recover losses sustained as a result of the partner's actions. The first action that should be taken is to give notice that you are aware of what looks like fraud.
Assess the Situation: - Gather evidence of the dishonesty. Document specific instances where you believe your partner has lied or misrepresented information. Communicate Directly: - Schedule a private meeting to discuss your concerns. Listen: - Give your partner a chance to explain their side. Evaluate the
Responding to partnership fraud Buy them out. Reduce their power and carry on with the partnership. Dissolve the partnership. Leave the partnership.
If your partner has abandoned the partnership, breached the partnership agreement, or acted negligently, you may have valid reasons to sue. Each scenario requires a thorough evaluation of the specific circumstances and the terms laid out in your partnership agreement.
Mendelovitz v. Cohen, a recent decision by the Kings County Commercial Division, reaffirmed this principle. Only those contracts that have absolutely no possibility of full performance within one year (such as a partnership for a definite term of two years) are subject to the application of statute of frauds.
Partnership fraud occurs when a partner knowingly engages in deception to obtain some sort of personal or financial gain to the detriment of the partnership.
In a general partnership all the partners are personally liable for the partnership debts. In a limited partnership, limited partners are not liable for the partnership's debts beyond the funds they contribute to the partnership.
In these cases, you could sue for breach of fiduciary duty and seek damages for the harm caused by your partner's actions. If successful in court, you may be entitled to various remedies, including: Granting access to the business or financial records. Forcing a buy-out of your share in the partnership.
File Complaint Online: Mail/Fax: Mailing Address: NYC Department of Consumer and Worker Protection. Consumer Services Division. 42 Broadway, 9th Floor. New York, NY 10004. Fax: (212) 487-4482.