Ratschko PLLC

How to Get Rid of a 50/50 Business Partner in New York

Imke Ratschko — Sun, 17 May 2026 23:03:57 +0000

Of the partnership disputes I see, the 50/50 ones are the hardest. Not because the law is more complicated, but because there is no majority to break a tie. Every decision needs the other person’s agreement, and the moment they decide to stop agreeing, the business can’t function. There’s no shareholder vote that resolves it ... Read More

The post How to Get Rid of a 50/50 Business Partner in New York appeared first on Ratschko PLLC.

What happens when an LLC Member dies?

Imke Ratschko — Fri, 15 May 2026 16:53:27 +0000

What Heirs and Surviving Members Need to Know You may assume that your heirs will automatically step into your shoes when you die, inheriting your share of the LLC, your voice in how it’s run, and your right to know what’s going on inside the company. It is not that simple. The law treats a ... Read More

The post What happens when an LLC Member dies? appeared first on Ratschko PLLC.

Real Life Consequences When You Fail to Publish Your LLC

Imke Ratschko — Tue, 24 Sep 2024 19:46:51 +0000

We all know and despise the extra step of having to publish the formation of a New York limited liability company. It can be expensive, and quite frankly, I don’t see the point. I rarely see a case that shows you the consequences of failing to comply with this requirement. But here you go: In ... Read More

The post Real Life Consequences When You Fail to Publish Your LLC appeared first on Ratschko PLLC.

No Reliance Clause in Asset Purchase Agreement must be specific in order to preclude Fraudulent Misrepresentation Claim

Imke Ratschko — Thu, 06 Jun 2024 20:41:06 +0000

A recent case out of Kings County, I&M Kosher Catering LLC v BHNG Inc., explains that a Non-Reliance Clause must be specific to preclude a claim for fraudulent misrepresentation. The case concerns a business asset purchase gone wrong. The plaintiff purchased a bagel store on Coney Island Avenue and, in doing so, relied on the ... Read More

The post No Reliance Clause in Asset Purchase Agreement must be specific in order to preclude Fraudulent Misrepresentation Claim appeared first on Ratschko PLLC.

Another win against a Merchant Cash Advance company and hope that the tide may turn in favor of Merchant Borrowers

Imke Ratschko — Thu, 23 May 2024 14:36:56 +0000

Another day, another Merchant Cash Advance Lender goes to court and asks for a summary judgment based on the alleged breach of its Merchant Cash Advance agreement (aka Revenue Purchase agreement) (MCA Servicing Co. v. Nic’s Painting, LLC* (2024 NY Slip Op 50598(U))). In what seems to be following a turning of the tide in ... Read More

The post Another win against a Merchant Cash Advance company and hope that the tide may turn in favor of Merchant Borrowers appeared first on Ratschko PLLC.

Court grants Motion to Dismiss for lack of personal jurisdiction where MCA Company relied on a contractual method of service but failed to authenticate such contract

Imke Ratschko — Wed, 15 May 2024 18:16:38 +0000

Here is another recent case where an MCA company failed: Wynwood Capital Group LLC v. Confluence Corp. (2024 NY Slip Op 50557(U)). Wynwood Capital Group LLC, an MCA company, sued Confluence Corp. and its individual guarantor for allegedly breaching a merchant agreement by failing to pay what was due thereunder. As is common practice among ... Read More

The post Court grants Motion to Dismiss for lack of personal jurisdiction where MCA Company relied on a contractual method of service but failed to authenticate such contract appeared first on Ratschko PLLC.

Merchant Cash Advances and Summary Judgment: New York Courts Throw a Wrench in Quick Enforcement

Imke Ratschko — Thu, 09 May 2024 14:36:40 +0000

As a small business owner, you may have considered or even taken out a merchant cash advance (MCA) to secure funding for your business. While MCAs can provide quick access to capital, they often come with high costs and potentially predatory terms. When businesses default on these advances, MCA providers often seek summary judgment to ... Read More

The post Merchant Cash Advances and Summary Judgment: New York Courts Throw a Wrench in Quick Enforcement appeared first on Ratschko PLLC.

New York Court Dismisses Website Accessibility Lawsuit Against Small Business

Imke Ratschko — Wed, 08 May 2024 11:23:57 +0000

A recent decision by the Supreme Court of New York County may provide some relief for small business owners who have been hit with lawsuits alleging that their websites are not accessible to individuals with disabilities. The case, Rodriguez v. Bitchin’ Inc., was one of over 40 nearly identical lawsuits filed by the same plaintiff ... Read More

The post New York Court Dismisses Website Accessibility Lawsuit Against Small Business appeared first on Ratschko PLLC.

Discovery Failure leads to Serious Sanctions

Imke Ratschko — Sat, 27 Apr 2024 13:11:51 +0000

In civil litigation, discovery is a crucial process that allows parties to exchange relevant information and build their cases. However, when a party fails to comply with discovery demands, the consequences can be severe. A recent decision, Abuzaid v. Almayouf, illustrates the importance of complying with discovery obligations and the potential ramifications of non-compliance. Discovery ... Read More

The post Discovery Failure leads to Serious Sanctions appeared first on Ratschko PLLC.

What NY Small Businesses must know about the Corporate Transparency Act and Beneficial Ownership Reporting

Imke Ratschko — Wed, 17 Jan 2024 11:46:29 +0000

You may have heard that there is a new law called the Corporate Transparency Act, which is a law that aims to prevent money laundering and the hiding of assets by oligarchs and other bad actors by requiring all beneficial owners of certain entities to report their identity and whereabouts. On September 29, 2022, the ... Read More

The post What NY Small Businesses must know about the Corporate Transparency Act and Beneficial Ownership Reporting appeared first on Ratschko PLLC.